In some situations, car accident litigation can be a relatively simple type of case. But it can become much more complicated in cases involving major injuries with questionable insurance coverage limits on the other vehicle. The following article will look at four main extraordinary circumstances that can often add complex problems to an already emotionally and physically painful time after an accident. However, understanding these 4 situations can help make the aftermath of a car accident and your subsequent injuries a much smoother experience.
Leased cars
Not only is the operator of the at-fault vehicle liable to anyone injured in a car accident, but the owner of the vehicle is also liable. The owner is responsible for the operator’s negligence, when such operation occurs with the owner’s permission. This is extremely important when the at-fault vehicle is leased.
Today, there are a large number of cars and trucks on the roads that are driven on a lease basis. Because of this, it can be critical to go beyond the name on the registration to find out the exact owner of the vehicle. It is a fact that when a vehicle is rented from a large automobile company, the license plate will simply bear the name of the user of the vehicle, the lessee. However, the actual owner of the vehicle, the lessor, is usually a large corporation with unlimited insurance coverage.
It is unfortunate for the seriously injured victim when, as often happens, the actual ownership of the at-fault vehicle is never discovered and the additional insurance is never revealed.
Commercial Vehicles
Although it is common for companies to put their names in bold on their commercial vehicles, this is not always the case. When accidents occur, there is often no indication that the vehicle was being used for commercial purposes. In fact, to the casual observer it may appear that the vehicle was not being used for commercial purposes at the time. The only way to know if the vehicle was being used for a business is to conduct an in-depth investigation.
If an employee is operating a vehicle during the course of his or her employment, then the employer may be “vicariously liable” for his or her employee’s negligence in operating that vehicle. It is quite possible that the employer has additional liability coverage that far exceeds that of the driver. There may also be an “excess” insurance policy.
Defects
One of the causes of a car accident may be a defect in the road, such as inadequate design, maintenance, construction, signage or lighting. Liability may also be based on inadequate strips in the passing lanes of the highway, a hill that impairs the driver’s visibility, a pronounced obstruction, or a problem on the road that obstructs the drivers’ vision. Trees and utility poles can also cause problems when planted or built too close to the road.
The defense of the seat belt
While seat belts and airbags serve an important role in preventing serious injury or death to people involved in accidents, they are no guarantee that you will not be killed or injured in a serious accident.
Seat belts and air bags can fail or cause injuries on their own. But still, the seat belt defense, frequently used by attorneys defending at-fault drivers, seeks to establish that some, or all, of the plaintiff’s injuries were caused by not wearing a seat belt.
All in all, it is essential that a routine investigation be conducted in any case involving a vehicle accident. Police records should be obtained, witnesses interviewed, and photographs immediately taken of the accident scene and damage to the vehicles. Immediate contact should be made with the negligent driver’s insurance company to find out the coverage limits available and attempt to obtain additional information from the adjuster regarding possible other areas of coverage. Many times, the adjuster for the at-fault driver’s insurance company will attempt to record a statement from the victim, without the advice of an attorney. This should never be allowed.
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