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.
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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.