Learn about some of the key issues that should be investigated when seeking compensation for motor vehicle accident injuries
Careful investigation into the facts surrounding a motor vehicle accident is essential. Not only do you need to prove who caused the accident; you also need to consider how best to go about collecting compensation. In some situations, there may be more than one potential source of compensation. Here are some key points that should be considered when building a motor vehicle accident case.
At-Fault Driver’s Coverage: In most motor vehicle accident cases, the injured party will be recovering compensation from the at-fault driver’s insurance company. It’s important to know what the at-fault driver’s policy limits are, as this will affect the amount of compensation that it is possible to secure from the insurance company.
Victim’s Coverage: If the victim’s damages are greater than the at-fault party’s policy limit, or if the at-fault party does not have insurance, the victim’s insurance coverage should be checked. If the victim has underinsured or uninsured motorist coverage, they can make a claim on their own policy.
Corporate Liability: If someone causes an accident while driving as part of their job, their employer will be liable. This can be more complicated than it sounds, since it doesn’t just apply to professional drivers. Companies can be liable for accidents caused by any type of employee, as long as they were operating in the scope of their employment.
Negligent Entrustment: If the at-fault party was not the owner of the vehicle that they were driving at the time of the accident, the issue of negligent entrustment should be considered. Negligent entrustment involves an owner knowingly allowing an unfit driver to use their vehicle. An unfit driver might be an individual with a bad driving record or an arrest record including DUIs or other driving-related crimes. Though the unfit driver may not have insurance, the vehicle owner probably will. If negligent entrustment can be proven, the victim can seek damages from the vehicle owner’s insurance.
Vehicle Defects: Some kinds of vehicle defects, like faulty brakes or an unstable center of gravity, can cause accidents all on their own. Others, like defective seatbelts or airbags, can make injuries worse in the event of an accident. Either way, the manufacturer can be held liable.
Dangerous Road Conditions: Government entities are responsible for keeping roadways in safe condition. When they fail, they can be held liable for any resulting accidents. For example, it might be possible to sue the city if a missing guardrail made a rollover accident worse, or a malfunctioning traffic signal lead to a T-bone accident.
At-Fault Driver’s Personal Assets: Individuals who cause accidents can be sued for damages in excess of their insurance coverage. However, this is rarely practical, because even if the victim wins a jury award, the defendant may not have the personal assets required to pay it.
Consult an Experienced Attorney Today
If you have been injured in any kind of traffic accident, you need a skilled and experienced motor vehicle accident attorney on your side. The Law Offices of Larry H. Parker is here for you. As the #1 auto accident firm in southern California, we know how to investigate accidents and create strong arguments for compensation. Call us at 800-333-0000 today for a free consultation.
