Liability in a Car Accident
When we hear about a car crash, we often picture two vehicles colliding with each other. However, not every car accident involves two or more automobiles.
According to the Insurance Institute for Highway Safety (IIHS), about 20 percent of motor vehicle crash deaths are because of vehicles leaving the roadway and hitting a fixed object alongside the road. Single-vehicle collisions on the road can be with any fixed object, including a tree, pole, road sign, mailboxes, walls, guardrail, traffic barrier, buildings, or bridge piers.
Generally, it is assumed that the car swayed off the road and hit a fixed object because of the driver’s mistake. However, it’s not always true. Several parties can be the reason behind your single-vehicle car collision.
In this blog, let’s get to know the parties that could be liable for your car accident collision with a fixed object.
Liable Parties in a Car Accident With Fixed Objects
If any of the following parties are involved in the collision, directly or indirectly, you may be entitled to compensation
Even if your car did not collide with another driver, they can still be responsible for your car accident with a fixed object. If a reckless, distracted, or drunk driver isn’t driving properly and swerves into your lane, you may end up hitting your car into a stationary object, such as a wall or lamppost, to dodge them. Since your accident happened because of the negligent driver, they can be held responsible even though they never hit you.
Another common example of a car collision with a fixed object with no fault of yours is dooring. It is when a car driver or a passenger opens their door without bothering to see if there are any oncoming vehicle behind them and another vehicle behind them get hit. If it results in a crash or swerving of a vehicle and colliding into a fixed object, the car driver who opened the door is at fault.
A Property Owner
Property owners that have their houses or offices built near major roadways or highways are expected to keep the travel areas outside their homes clear of any objects. These objects may include anything, from tree branches to debris to construction equipment to garbage cans.
If they fail to do so and keep any stationary object on the roadway that leads to an accident, they are responsible for the accident, regardless of whether they were present there or not.
The same goes for pets and loose farm animals. If a vehicle had to swerve out of the way to prevent them from colliding with your animals and ends up in an accident, they can hold you responsible for their damages.
A Trucking Company
Trucks are one of the most common vehicles on highways. They carry goods and transport them for their logistics company. If you’re driving your vehicle behind a cargo truck and their goods are not tightly secured causing the goods to spill from the moving truck on the road and lead you into an accident, you can hold them responsible. In such cases, not only the truck driver but the truck company can also be asked to provide compensation for your damages. It depends on your state’s law and truck company’s policy.
Car Part Manufacturer
According to federal regulations, auto parts manufacturers have to test and inspect all components before releasing their products into the market. Even though there are such stringent requirements and quality control processes, vehicles still end up getting defective parts.
Defective auto parts often lead to vehicle collisions. If a manufacturing company sells you a vehicle with a design or functionality defect in one or more parts and you end up getting into a collision with a stationary object, you can hold the manufacturer responsible for your damages.
A Government Agency
Your local, county and state government is responsible for road maintenance. They need to ensure the roads are safe and suitable for driving.
Rainy or cold weather makes the visibility poor. The government is responsible for keeping the roadway clear and providing you with the right lighting so that drivers can drive safely. They also need to put the right signs on the roads, clean the debris, and create a safe road design. If there is an active construction site, they need to ensure the machinery, debris, material, or process does not cause any hazard to vehicles. If they don’t bother to do so and you end up in an accident, they can be the ones responsible for your accident.
Contact Law Offices of Wolf & Pravato
To help other parties responsible for their negligible behavior and cover your damages, you need to build a strong case. Law Offices of Wolf & Pravato, a leading Florida auto accident lawyer, can help you gather the required evidence and file claims against the party. Our experienced legal team can assist you in getting the compensation you deserve. Reach out to our team for a free Fort Lauderdale car accident attorney consultation and win the settlement.