In most instances, car accidents involve two or more vehicles, with an individual seeking compensation from the at-fault parties. But what happens when a driver gets into an accident involving only their vehicle? There are many different scenarios in which a single-car accident can occur, which means that there are equally many different ways in which one would go about receiving compensation.
Liability in a Single Vehicle Collision
Accident Caused by Roadside Debris or Obstacle
Single-car accidents can be commonly caused by flying objects or considerable faults in the road. Debris, potholes and other obstacles may also be a factor in these collisions. In these cases, it is essential to determine who or what is responsible for the debris that caused the accident.
In other instances, loosely tied down material like rock or gravel from a commercial vehicle may become airborne and damage your windshield.
Who Do I Collect Compensation From?
If a driver makes contact with a flying obstacle, such as a recently blown out tire, or a road hazard, such as a pothole, they may be able to seek compensation from another party, such as a government entity or commercial truck driver or loader. It is important to note that most insurance companies will deny a claim for hitting a stationary object, as they will argue that you should've maintained enough control to avoid it.
Accident Caused by Inclement Weather
Single-car accidents can also be caused by inclement weather. For example, if a driver is unable to safely navigate slick roads due to rain or snow, they may find themselves suddenly skidding off the road into an embankment or guardrail. Or, if visibility is too poor due to heavy fog, a driver may inadvertently plow into an unseen obstacle.
How Does Compensation Work in Weather-Related Accidents?
In most weather-related accidents, the driver will be found liable. It may sound unfair; however, the law stipulates that motorists should take extra care when driving on roads covered in ice or snow or in adverse weather conditions. An experienced car accident attorney can help you determine the following:
- Whether or not you were driving at a reasonable speed in bad weather
- If the inclement weather could have been reasonably foreseen or if it was unexpected
- If you could have done anything differently to have avoided the accident
Accident Caused by Driver Error
In a single-vehicle accident, it is possible that the driver may have been at fault. This could be due to many things, including:
- Distracted driving
- Drunk driving
- Driving under the influence
Can I Still Receive Compensation if I'm At-Fault?
In most cases, if the driver is found to have made an error or was driving recklessly in any way, then he or she will be held liable for the single-vehicle accident and its resulting damages. The at-fault driver's insurance will cover their losses (medical payments, collision coverage etc.) up to the amounts listed in the policy. Keep in mind that insurance will not pay for damages like pain and suffering.
Accident Due to Vehicle Defect
In some cases, a single-vehicle accident could be due to a defect in the vehicle itself. This includes issues with brakes, tires, or other mechanical components that can cause the driver to lose control of the car and result in an accident.
Who is Liable?
Determining liability in a single-vehicle accident depends on the circumstances and evidence provided. The manufacturer may be held liable if there is evidence that a mechanical failure or defect caused the accident. If a vehicle is found to have been poorly maintained and this caused an accident, then the maintenance provider may be held liable.
Boesen Law is Here to Help
Our experienced car accident attorneys understand the complexities of single-vehicle accidents and have the knowledge to help you get the compensation you deserve. We will evaluate your case, gather evidence, formulate a legal strategy, negotiate with insurance companies and ultimately guide you through the process every step of the way. Don't navigate this complicated process alone — contact us today.
If you were injured in a car accident, call us today at (303) 327-9988 or schedule a free consultation by filling out our form online.