Car accidents lead to significant personal and financial losses. Victims who sustain
injuries following a motor vehicle accident should seek compensation from the at-fault
party through a lawsuit or car insurance company. Below is a list of the most common
liability claims from a car accident.
1. Product Liability Suits
Some car accidents happen due to product failure. Faulty tires may blow out, while
defective brakes may fail if routine maintenance isn’t done. These issues, coupled with
other manufacturing defects, may cause a collision. Victims can sue the manufacturer if
the defective part causes them to sustain injuries. It’s more likely that the defect occurs
in multiple other cars that the manufacturer makes. Victims can participate in a class
action legal action with others who sustain related injuries to sue the party responsible
for liability in a car accident.
2. Liability Claims Against the At-Fault Driver
Lawsuits against the at-fault driver are commonplace after a motor vehicle accident.
Victims in such cases can either be the pedestrian hit by the vehicle or the driver of the
car that gets struck after an accident. You can sustain injuries while riding a motorcycle
or a bicycle, and there’s a good chance of making such claims after an accident. Hire a
seasoned personal injury attorney to assist you in proving the suffering you experienced
following the negligence of the at-fault driver.
3. Uninsured Liability Claims
Victims can sometimes sustain injuries caused by at-fault drivers with minimal insurance
or drivers with no insurance coverage. If this happens, it indicates that the policy of the
at-fault driver may fail to cover the medical and other expenses after an accident. The
good news is that personal injury protection (PIP) and underinsured/uninsured coverage
will compensate you with a substantial amount. Suing the uninsured or an underinsured
driver, in this case, may fail to work in your favor as they won’t be able to provide you
with the compensation you require.
4. Medical Malpractice Liability Suits
Medical malpractice claims are rare but can be filed following a motor vehicle accident.
If the at-fault driver causes an accident due to medical mistakes, victims who sustain
injuries can sue the medical facility or the doctor who treated that person. Medical
malpractices that lead to vehicle wrecks include the following:
A medical professional who knows that the driver is allergic to a particular
medication yet gives the prescription
A doctor who prescribes medication and fails to notify the driver of side effects
A medical professional or medical facility which releases the patient before fully
recovering from an operation
5. Wrongful Death Liability Suits
Family members of a victim in a wrongful death claim can secure compensation if the
victim dies after a motor vehicle accident. Close friends and family members can file the
lawsuit themselves with the help of a seasoned car accident lawyer. The court can
appoint a trustee to secure compensation if the immediate family members or close
friends fail to pursue the claim.
6. Government Car Liability Claims
Some accidents occur due to poorly designed or maintained roads. If that’s the case,
victims can file a claim against the government institution tasked with road upkeep for
the county or the city. Your personal injury attorney must prove the negligence of the
governmental entity for you to secure fair compensation. These cases are, however,
rare as bringing lawsuits against government entities is incredibly difficult at times.
7. Dram Shop Liability Suits
This kind of lawsuit is sometimes referred to as a third-party claim. Victims who sustain
injuries due to an intoxicated driver can sue the restaurant, bar, and establishment
responsible for over-serving the intoxicated driver. You can also sue the homeowner
responsible for intoxicating the at-fault driver.
Motor vehicle accidents are stressful regardless of whether or not you are at fault.
Regardless of the liability claim you plan to file, hiring a personal injury lawyer who’s
knowledgeable about this law is essential. Your lawyer will assist you in building a solid
case in the long run.
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