A Single Car Accident May Generate Personal Liability
Citing recent car accidents in Springfield and Lebanon, Missouri Springfield Missouri car accident lawyers say a personal injury case is possible even if the injuries and property damage come from a single car accident.
- Motor vehicle design defects or mechanical problems
- Roadway hazards such as road damage, road construction, or bridge problems
- Improper signage, traffic barriers, or warning devices about roadway hazards
- Negligence such as driving too fast or carelessly by the driver.
The passenger has no control of the car and generally is not at fault. Exceptions can include rare circumstances such as when the driver has been drinking and the passenger had knowledge of that fact, and decides to get in the car. This is known as "assumption of the risk" and is used by defense attorneys in an effort to minimize the value of the case. It is raised more frequently in states like Kansas where 51% comparative fault can bar a party from recovering money damages. Missouri is a pure comparative fault state which in general terms means that a parties recovery is reduced by their share of fault. As we mentioned above, comparative fault is generally not an issue for a passenger in single car accident except under rare circumstances.
In addition to driver error, sometimes there are other factors that may come into play From a vehicle manufacturer cutting corners to save money to a road construction crew forgetting to set up proper road barriers to a city failing to properly maintain part or all of a roadway, negligence happens. That negligence can result in serious injury and property damage and worse the loss of life. Just because there was only one vehicle involved in a car crash does not mean there isn't a personal injury claim. If the car crash was caused by someone else's failure to act properly or responsibly, a case for personal injury claims can arise.
Why Single Vehicle Accidents Often Require a Lawyer
The majority of single vehicle accidents involve driver error. Any and all evidence of mechanical failure such as a blown tire, crumpled roof, or other faulty mechanism needs to be preserved and documented. Pictures of the scene and surrounding area are critical to prove road hazard issues. Accident diagrams and accident reconstruction may show how and why the accident occurred.
A Missouri car accident lawyer may know the obstacles that can present themselves in a personal injury case resulting from a single car accident. They can walk you through the steps to take. They can provide an investigator who can also look into evidence to prove negligence, design defect, or other contributing factors.
Aaron Sachs and Associates, PC is a law firm that has a focused practice dealing with car accident cases. You can talk to a lawyer for a free, no obligation, consultation meeting and learn your options.