Determining Liability for a Car Accident with a Fixed Object

selling a car

All types of car accidents are dreadful, especially when there are serious injuries and property damage involved. When a collision occurs between two cars, drivers can obtain compensation from their own insurer or the insurance company of the at-fault driver. Accidents between two vehicles are straightforward in terms of determining liability and filing a negligence claim. However, when a car crashes into a fixed or stationary object, it is not easy to hold someone else responsible. You cannot blame a tree, trash can, pole, or wall after all.

If the accident with a fixed object happened because of your own carelessness, you cannot rely on anyone else for reimbursement of damages. If you live in a no-fault state, your own insurance will probably back you up entirely or partially. It the accident takes place in a fault state, your insurer may or may not provide coverage, depending on the terms of your purchased policy. That being said, these types of accidents are seldom the driver’s own fault. Personal Injury Attorney In Spring Valley, NY, conveys who can be considered liable in such cases:

Another Driver

Sometimes drivers make sharp turns or haphazard movements on the road or highway to avoid colliding with another vehicle. It is possible that the incoming vehicle was speeding, weaving through traffic, or driving in the wrong direction. As a result, you may have lost control of the vehicle and crashed into a stationary object. Holding another driver liable or even identifying the perpetrator under such circumstances can be extremely difficult, unless they stop at the accident scene or you can extract clear footage from CCTV cameras on the street. Sometimes, the at-fault driver doesn’t even realize that they have caused a crash.

Municipal Authorities

Many fixed object accidents happen because of adverse road conditions or other obstructions on the highway. If this is the case, you can blame the municipal authorities who are responsible for road maintenance and repair. Missing road signs, malfunctioning/non-operative traffic lights, potholes, and turned off street lights after dark can also contribute to such car crashes. In addition, abandoned road construction or usage of low quality materials may can be increasingly dangerous for vehicles. You may have driven into a fixed object in order to avoid a bad road patch or debris on the way.

Car Manufacturer

If you believe that the crash occurred because of a mechanical failure in the car, you might have a case against the manufacturer. Auto accidents commonly happen when brakes fail, tires blow out, the steering wheel jams, gears don’t work, or the car loses balance and skids. The fault in the car could be the result of a defective design or error during assemblage. This sort of claim can only work if the vehicle is relatively new and you can provide evidence that proves engineering problems.

Leave a Reply

Your email address will not be published. Required fields are marked *

Google-News