Looking Beyond Driver Fault in Serious Accidents

photo_38132_20150520There is a common perception that lawsuits involving car accidents are about which driver was at fault in an accident involving two or more vehicles.  Often such disputes arise, or maybe it is clear who the at-fault driver is, but the insurance company for the at-fault driver is not treating the injured person fairly.  Thus, people hire attorneys who pursue the case for them

What is often overlooked in this common perception about automobile accident lawsuits is that many accidents that involve terrible injuries or even death may not involve the fault of a driver at all, or may involve only a single vehicle.  Our firm regularly is called upon to investigate and pursue automobile accidents that involve much more than deciding who was at fault in an accident.  Here are a few examples of potential claims that often go unnoticed by families of accident victims.

Vehicle design and crashworthiness

Car accidents that involve serious injury or death should always involve an analysis of the vehicle involved whether the victim is in a multiple car or single car accident.  Vehicles can have defects that make an accident more likely.  Certain vehicles are more prone to rollover during a hard turn.  Safety  features can malfunction on a car or vehicle maintenance was done improperly by a service technician, making braking or steering difficult.  Airbags may fail to deploy or seatbelts may fail to keep a passenger restrained.  Tires can prematurely blowout.  There are numerous aspects of the design of a vehicle that should be investigated after a serious crash.  Sometimes the vehicle itself can cause the crash, and sometimes safety features on the vehicle that are supposed to keep a person safe during a crash fail to work properly and cause and otherwise survivable accident to become fatal.  These are issues an experienced attorney will evaluate in any serious injury or death-related crash.

Roadway conditions

The job of road builders is to build roads that will keep the travelling public safe during normal vehicle operation and during foreseeable variations from normal use.  For instance, road builders know that vehicles sometimes veer onto the shoulder of the roadway, so they are required to build up the ground off the side of the road to allow these vehicles the opportunity to safely recover and continue travelling in their lane of travel.  Guardrails are designed to prevent vehicles from encountering a serious danger close to the roadway such as a deep drop off or the concrete end of a bridge rail.  Lighting an signage are often needed to alert drivers of upcoming hazards, particularly in areas of road construction.  Unfortunately, roadbuilders to not always follow the plans to ensure the roadway in built as safe as possible.  Road edge drop offs can sometimes keep cars that veer slightly off the road from recovering.  Guardrails and signs can be misplaced or not installed correctly.  Again, a good attorney will look at these issues anytime an accident involves serious injury or death.

Driver distractions

Accidents often involve decisions made before a person even gets behind the wheel.  Accidents involving drunk drivers not only involve the drunk driver, but also the person or establishment that served the person.  If a bar continues to serve a visible intoxicated person, that bar can be held responsible to anyone that person may injure.  Large truck drivers and the companies they work for can put the public in danger.  18 wheeler drivers driving too many hours in a day or with equipment that is not properly inspected can endanger the public.  Transportation companies hiring drivers with terrible driving records to drive large trucks can also put the public in danger.  Issues beyond what happened once a driver gets behind the wheel should also be investigated any time there is a serious accident

The serious accident attorneys at Jinks, Crow & Dickson PC are honored any time a family allows us to investigate a serious accident, and we explore all angles to ensure our clients get the justice they deserve.  Doing these investigations is not easy, and is often time consuming and expensive, but we pursue these claims without any expense or fee to our clients unless we are able to make a recovery for them.  Car accidents can forever change lives.  It is important to hire a law firm that can look at all angles of a wreck to bring justice to an injured or grieving family.

 

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