Single Vehicle Crash Claims: Suing for Compensation

Can You Sue for a Single Vehicle Crash?

Many people mistakenly assume they can't seek compensation after a single-vehicle crash.

There are several circumstances that a solo crash may not be your fault.

Depending on the circumstances, various parties could be held liable for your injuries.

If you need help filing a claim for a single-vehicle accident, share what happened and we can help review you're rights to compensation.

Our personal injury attorneys at Lawsuit Legal regularly help people involved in solo wrecks, and they tend to be big cases with severe injury profiles.

 

If you've been in a solo accident and you feel you weren't responsible for causing it, contact us immediately for a free case evaluation to review your options.

While we'll cover the common fact patterns that give rise to third party liability in a single vehicle crash, each case is unique and you should speak to an experienced car accident lawyer to review your case.

 

 

A single-vehicle crash involves just one car, typically resulting in injuries to the driver or passengers.

Common causes include losing control on slippery roads, hitting obstacles like trees, or guardrails, or swerving to avoid animals or other road hazards.

While it may seem like the driver is always at fault if no other vehicle is involved, other parties could share liability.

Common Causes of Single-Vehicle Accidents

It's easy to imagine legal claims arising from a multitude of crash scenarios involving only one car. Many single-vehicle crashes occur due to circumstances beyond the driver's control, including:

• Poor road maintenance: Dangerous road defects, like potholes or missing signage, that can cause accidents.
• Defective vehicle parts: Brake failure, tire blowouts, or steering malfunctions might point to a manufacturer's negligence.
• Hazards on the road: Debris or improperly maintained roadways can lead to a crash.

Imagine driving along on the highway at high speed only to hit a dangerous road defect and lose control of your vehicle. In such cases responsibility for your accident may lay with the municipality or government entity responsible for maintaining safe road conditions. Understanding the root cause is critical for determining liability.

Potential Liable Parties in Single-Vehicle Accidents

In a single-vehicle crash, liability could fall on several different parties:

• Government agencies: If the crash was caused by unsafe roads, the municipality responsible for maintenance could be liable.
• Auto manufacturers: Defective vehicle components, like malfunctioning brakes or airbags, might point to a product liability claim.
• Third-party drivers: In some cases, another driver's negligent actions caused you to crash, even if they weren't involved in the crash itself, and they may be responsible for your damages.

Proving Negligence in Single-Vehicle Accidents

To successfully sue for compensation, you must prove that another party's negligence contributed to the crash. This could involve showing evidence of poor road maintenance or design, a product defect, or reckless driving by a third party. Good car accident attorneys will be able to unravel the chain of events that caused your wreck and determine who may be responsible during their investigation.

 

 

When Can You Sue in a Single-Vehicle Crash?

There are a variety of circumstances which can give rise to third party liability in a single vehicle crash. Here are the most common situations we regularly encounter that give rise to taking legal action:

Defective Vehicle Parts

If the accident was caused by a malfunctioning part, such as faulty brakes, a steering defect, or tire blowouts, you may be able to sue the vehicle manufacturer or parts supplier. The vehicle manufacturer itself may be responsible for the defect or the part manufacturer. A product liability claim can be pursued if you can prove that:

• The vehicle or part had a manufacturing or design defect.
• The defect directly caused the accident and resulting injuries.
• You were using the vehicle as intended at the time of the crash.

When Defective Vehicles Lead to a Single-Vehicle Crash

If your accident was caused by a vehicle defect, malfunctioning part or system, you may have grounds for a product liability lawsuit against the car manufacturer or part supplier. This requires proving that the defect directly contributed to the crash and was not caused by driver error or poor maintenance.

In product liability cases, the focus is on whether the product was safe. You must demonstrate the defect was responsible for what happened and the harm it caused. These cases can lead to complex injury claims when pursuing compensation for the injured.

Poor Road Conditions, Defects, and Design Flaws

If the accident was due to dangerous road conditions, such as potholes, broken traffic signals, poorly marked construction zones, or missing guardrails, you may have a case against the government entity responsible for road maintenance. If you feel unsafe conditions led to your having wrecked, speak to a lawyer about what happened. It costs you nothing to review your case and determine if you do in fact have a valid claim. However, suing a government agency can be challenging because:

• You must prove that the government entity was aware of the hazardous condition and failed to take reasonable action.
• Strict timelines, under the statutes of limitations, often apply to claims against government entities.
• Some states require filing a notice of claim before filing a lawsuit, adding another step to the process.

Proving Road Conditions Contributed to Your Accident

If a road defect was responsible for your accident, you'll need to be able to prove it. To do so you will need to gather evidence, such as photographs, eyewitness testimony, and reports from local agencies responsible for road maintenance. These claims often involve suing government entities, which can be complex and involve shorter deadlines for filing a lawsuit, dictated by the statute of limitations in your jurisdiction. It's crucial to act quickly.

When taking on powerful opponents you need a legal team that isn't intimidated by the opposition. These specialized cases require your attorneys to be practicing law at the top of their field and a legal team that can back them up. Building a strong case requires evidence, such as photographs, maintenance records, and expert testimony on the roads condition.

Obstructions or Hazards Left by Third Parties

Sometimes, a single-vehicle accident occurs because of obstructions or hazards caused by third parties, such as:

• Construction companies leaving debris, tools, or equipment on the road without proper warnings.
• Falling debris from commercial vehicles or other motorists causes you to lose control to avoid a collision.
• Property owners whose trees or fences create dangerous blind spots for drivers.

In these cases, the third party responsible for creating the hazard could be sued for negligence. To win this type of claim, you need to prove that the party had a duty to prevent or remove the hazard and failed to do so, causing the accident.

Negligent Actions of Other Drivers

Even if no other vehicle physically collided with yours, you may be able to sue another driver if their negligent actions lead to your accident. This can include reckless actions taken by other motorists, dangerous maneuvers, and other actions. Examples include:

• A driver cutting you off, forcing you to swerve and crash.
• A reckless driver causing you to run off the road to avoid a collision.
• A semi-truck not seeing you and merging into your lane forcing you into the guardrail.

In these cases, it can be difficult to prove fault without a collision or witnesses. You will have to prove the initiatory action happened which caused you to crash. Dashcam video footage, eyewitness testimony, or police reports documenting accurately what happened can help support you're claim.

Animal-Related Accidents

It's common in neighborhoods for drivers to crash when trying to avoid hitting a domestic animal, like a dog or cat. On more rural roads motorists may make emergency maneuvers to avoid livestock. Depending on what happened you may be able to sue the animals owner for failing to restrain the animal. Hitting a deer or other wildlife may force you to seek compensation from your own insurance benefits. Laws regarding animal liability vary by state, but generally, you'll need to show that the owner was negligent in some way for allowing the animal to roam free.

Inadequate Signage or Signals

Missing or confusing road signs, malfunctioning traffic signals, or improper placement of road markings can be responsible for your accident in some cases. If the lack of proper signage or signals contributed to your crash, you could potentially hold the responsible government agency or contractor liable. Proving that inadequate signage was a direct factor in the crash often involves expert testimony on traffic safety standards.

Dangerous Weather-Related Road Conditions

Severe weather, such as ice, rain, or fog, can make roads treacherous, but drivers may still have legal recourse if there were unsafe road conditions that the responsible authority failed to address. For example:

• Icy roads not treated with salt in a timely manner.
• Flooded streets due to poor drainage.
• Snow covered roads not plowed in a timely manner.

To successfully sue, you would need to show that the authority responsible for road safety should of acted sooner to mitigate the hazard. Review the specific details of your case with a lawyer to learn whether you have a valid claim.

Passenger Injury Claims

If passengers are injured in a single-vehicle crash, they may be able to sue the driver if the crash was caused by the drivers negligence (e.g., speeding, driving under the influence, or distracted driving).

Passengers are just as likely to suffer severe injuries in a serious motor vehicle accident as the driver and are entitled compensation when it was caused by another party. In most cases (9 out of 10) the driver is responsible for the passenger's injuries. Passengers compensation claims against third parties, such as a vehicle manufacturer or a government entity, depending on what was the cause of the crash can give rise to independent lawsuits of their own.

The Importance of Hiring a Personal Injury Attorney

Filing a claim after a single-vehicle accident can be complicated, particularly when dealing with multiple potential liable parties. Hiring an experienced personal injury attorney will ensure that your case is thoroughly investigated and that you have the best chance of securing compensation. A skilled lawyer can gather evidence, negotiate with insurance companies, and take your case to trial if necessary.

Types of Compensation Available

Available compensation for damages is no different than in a two vehicle accident case. If you've been hurt in a single-vehicle crash, you may be entitled to various types of compensation, including:

• Medical expenses: Covering the cost of hospital bills, surgeries, rehabilitation, and future care.
• Lost wages: Compensation for not being able to work due to injuries or recovery.
• Pain and suffering: Monetary damages for the physical and emotional distress caused by the accident.

A successful personal injury claim after an accident seeks to compensate victims for the damages sustained. It seeks to recover all non-economic and economic accident-related losses. An experienced attorney will help determine the full extent of your damages to ensure you pursue full & fair compensation.