Is Someone Always At Fault in a Single-Vehicle Accident?
While it’s usually not too difficult to determine fault and liability in a multiple-vehicle accident, doing so can be more complicated in a single-vehicle accident. This is because there is only one driver involved. So, can this driver still recover compensation from their insurance company? Is the driver financially responsible for the damages from the accident? We discuss the answers to these questions below.
Liability in a Single-Vehicle Accident
Single-vehicle accidents can have several causes, including events that are outside of a driver’s control, such as poor weather, hazardous road conditions, confusing road signs, and more. So, do you still have to pay for your own damages when you’re in such an accident?
Most of the time, the driver will be held liable for a single-vehicle accident. This is because, in most cases, it is assumed that a driver could have avoided a collision had they been driving safely. For example, most of the time, it’s possible to avoid an accident when a driver:
- Drives at the posted speed limit
- Does not drive while intoxicated or distracted
- Provides enough following distance between themselves and the vehicle in front
However, there are certain situations in which a driver may escape liability for a single-vehicle accident, including the following:
- You are on a two-lane highway. A driver in the opposite late is texting and driving, and swerves into your lane. You swerve to avoid the texting driver and accidentally veer off the road and crash. Since the other driver’s distracted driving was the cause of the crash, you may escape liability for this single-vehicle accident.
- You hit a ditch in the road that has not been repaired. You then lose control of your vehicle and hit a tree. You may escape liability in this situation because the city or county responsible for maintaining the roads failed to uphold this responsibility.
- You suddenly lose control of your vehicle because your tire tread became separated from the wheel due to a product defect. In this situation, the tire manufacturer may be held liable for the accident.
In all of the aforementioned situations and more, you need the guidance of a seasoned legal professional. At Richard Schwartz & Associates Injury Lawyers, P.A., our attorneys have the experience and resources needed to take on large insurance companies and recover the compensation you deserve.