Have a Car Accident Case with Unique Circumstances?

Not all car accidents are the same and each case presents a unique set of issues, challenges and circumstances which must be carefully considered to maximize the recovery of injured parties. To help you better understand your auto accident claim, here are some examples from car accidents which demonstrate some of the factors that can affect your rights and the determination of who is at fault.

Car Manufacturer At Fault

Car accidents caused by a design defect in the manufacturing of the vehicle have recently received heavy media coverage. Due to the complexity of car designs and the secrecy of the auto industry, defects in vehicles are often never discovered. In a recent case involving a car manufacturer and an injured family, the jury ruled against the manufacturer and awarded the family millions of dollars after determining that the auto accident was caused by a defectively designed vehicle.

What makes this case interesting is the fact that the manufacturer had received 127 reports of the defect prior to the accident. The auto manufacturer failed to recall the vehicle because 127 reports out of millions of cars sold was below the company’s threshold for instituting a recall. Because the percentage of defective vehicles was lower than that mandated by the manufacturer’s recall policy, the manufacturer failed to act on the knowledge that it had cars on the roads that were known to be defective. If attorneys hadn’t filed this motor vehicle accident lawsuit, it is likely that the known defects would have never been uncovered and the injured family would have gone without compensation.

An experienced car accident lawyer can file a lawsuit and utilize the discovery process to obtain information from car manufacturers regarding the defective design of their cars. They can then share this information with expert witnesses to determine whether these defective designs were the cause of the automobile accidents.

If you suspect a manufacturer is at fault for causing a motor vehicle accident, make sure you contact an experienced accident attorney as soon as possible.

Drunk Drivers

Despite numerous media and educational campaigns, alcohol related auto accidents frequently occur. These preventable and often fatal car crashes are especially tragic for the victims and their families. Drunk drivers often fail to carry insurance or have inadequate liability insurance to cover the injuries they cause, hence it is often necessary to assert a claim for “uninsured motorist coverage” or “under insured motorist coverage” under your own insurance policy to compensate you for the injuries you suffer due to a car wreck caused by a drunk driver. In addition to asserting claims against the drunk driver and your own auto insurance policy, the injured person may also be able to assert a viable claim against the bar or establishment if they over-served the intoxicated driver. Illinois has very strict time limitations on claims against bars and restaurants which over-serve intoxicated patrons and cause car wrecks, so it is critical to contact an attorney as soon as possible to determine your rights.

Medical conditions

Motor vehicle accidents involving pre-existing medical conditions of either the driver who caused the accident or the injured person can be very complicated. Some auto accidents are caused by drivers who experience complications due to medical conditions they suffer while driving. If the driver knew of their pre-existing condition and ignored the likelihood of a medical episode while driving, they can be held liable for the auto accident they caused.

Even when the negligent driver was clearly at fault, insurance companies frequently attempt to avoid responsibility for the injuries caused by their at-fault insureds by raising issues of pre-existing medical conditions of the injured party.

In order to ensure that the insurance company does not unfairly seek to take advantage of any pre-existing medical condition you may have, it is important to contact an attorney with a proven track record of holding insurance companies accountable.

I have extensive experience handling claims involving a wide variety of car accident scenarios. While the information in this article is intended to be used for information purposes only and not as legal advice, I encourage you to contact me for a free consultation.