Unraveling some car accidents can be complicated and frustrating. This can be not only be the case for injured claimants, but can also include your accident lawyer as well when the respondent insurance companies or negligent actors are defending the claim vigorously. Insurance companies are well-known for being difficult regarding personal injury claims when they think there is a technicality or reasonable claim that can be used to get a case summarily dismissed. Even when the claim is obviously valid, it is still not a good decision to attempt settling the case without the input of an experienced car accident lawyer who understands insurance company tactics or could potentially identify multiple responsible parties who can be pursued for damages.
Accidents involving trucks are good examples of multiple respondent accident claims, especially if the truck driver is an owner-operator leased on by the transportation company. Both the driver and the transportation company could be held liable when they have failed to meet all of the DOT operating regulations. Truck inspections and driving hours restrictions are solid examples of material case factors that can serve as evidence that the company or driver failed to comply with regulations that amounts to a breach of a reasonable duty of care to other motorists. Truck accidents are potentially very valuable because they can also result in gross negligence findings by a sympathetic jury when a wrongful death occurs. This cannot be accomplished without an experienced truck accident and personal injury attorney who understands how to build a case that can impact the jury.
Multiple Vehicle Car Accidents
Multiple car accidents that result in serious injury can also be subject to high compensatory damage claims in many instances. Depending on the state, personal injury and physical property damage claims can be divided according to the negligence percentage of all drivers in an accident. This can be very important for individuals who are injured as passengers in any vehicle. And, once again, commercial vehicles are commonly involved in multiple car crashes, often being the ultimate cause, and extenuating case factors can come into consideration again when the level of negligence is determined.
Denied Claims Account Comparative Negligence
Comparative negligence is the legal notion that car accidents are rarely caused solely by one driver. While this does happen often, most accidents are unique in some way and each driver is evaluated for personal contribution to the wreck. All states have a particular type of comparative negligence law, with four states and the District of Columbia using pure contributory negligence. This means that an injured party with any level of comparative negligence is denied a personal injury claim, which can leave an injured victim in a terrible circumstance following an accident. Other states have a 50 or 51% bar rule, while others use pure comparative negligence law that allows all injured victims to receive some level of damages providing they are not 100% at fault for a crash. Total damages available are discounted by the percentage of the claimant if they are an involved driver. An experienced car accident and personal injury attorney will focus on this component of an accident injury claim and keep the number as low as possible for their injured client.