Car accidents are an unfortunate side effect of the automobile-driven world we live in. Insurance coverage is a must for anyone who owns a vehicle and goes out on the road. Naturally, the circumstances leading up to the accident play a big role in how much compensation you are entitled to, if you are entitled to any at all. Did you know that different types of accidents can have a different effect on your insurance claim? It’s important to know the difference when filing for compensation. Let’s take a look at some examples and analyze them from the perspective of liability and fault.
Operator Error. This is the most common type of accident observed on the roads: one party broke the speed limit, ran a red light, or took their eyes off the road, and their carelessness led to a collision. No matter who was at fault in the situation, your geographic location determines the liability. Some states are no-fault states (in which every driver must have a personal insurance plan to cover their own damages), but the vast majority are fault states (in which the negligent driver is liable).
Driving Under the Influence. When alcohol impairment is involved, dram shop law comes into play. Depending on the state in which the accident occurred, the local liquor establishment may be held liable for the victim’s intoxication and subsequent automobile accident.
Equipment Defects. In rare cases, the fault lies not with the operator but with the manufacturer. If your vehicle begins behaving in an unexpected way or one of the main systems (steering, brakes, engine, etc.) fails, then you may have a faulty vehicle. Under these circumstances, a case can be made against the manufacturer, who likely made an error in production.
Road Conditions. While inclement weather and slippery roads typically fall under “operator error,” there are cases in which the local or federal government may be held responsible for unsafe driving conditions. For example, roads need to be well maintained to promote proper drainage and remove cracks and instabilities. If a road has been neglected and causes an accident, then the government may be held liable.
Collisions and other accidents are not uncommon on the road, but the circumstances make all the difference when it comes to insurance claims. Our team of skilled personal injury lawyers here at Wayne Hardee Law is here to guide you through the process and make sure that you receive fair compensation for your damages. Drop by our Greenville offices to speak with an attorney, or contact us today via the information on our website!
