What Happens If You Get Injured by Car Accident Debris?November 25, 2022
Not all car accidents involve car-to-car crashes. Some collisions can occur due to road debris. Road debris is essentially anything that can endanger the safety of road users, such as fallen trees, exploded tires, fallen, or flying cargo from other motor vehicles, misplaced construction equipment, and crossing animals, among many others.
In some cases, however, road debris can come in the form of debris from car accidents, which can include blown tires, shards of glass, car metal parts, and other kinds of shrapnel from the crash. When an accident involves two cars, determining who caused the crash is usually easier. However, when a car crash was caused by debris from a car accident, determining fault and liability is typically more complicated.
Determining Fault and Liability in a Crash Caused by Auto Accident Debris
So, what happens when you get into an accident because of car accident debris? What if you’re injured and need medical attention or can’t get back to work because you need to recover? You should not have to shoulder all the expenses due to someone else’s negligent actions.
Generally speaking, the individual or entity that caused the crash is at fault under the law. However, it’s also possible that more than one individual may have contributed to or caused the collision. Fault matters in car accidents because it determines which party’s insurance company must be liable or on the hook for the losses the injured person incurred.
The Insurance Claims Process Can Be Extremely Complicated
Because multiple parties may be liable for the accident that left you injured, you may have to deal with multiple insurers. Dealing with one insurer is hard enough when you are injured and out of work, but multiple parties might share fault and liability for the car accident debris that caused your injuries, including:
- One or both drivers involved in the motor vehicle crash
- A driver’s employer
- The manufacturer of a car or car part that malfunctioned
- The government entity responsible for maintaining a dangerous road
If this were the case, you would have to file claims against all the insurance companies of the parties that caused or contributed to the accident. Additionally, if any of the insurers don’t want to negotiate fairly or are offering a lowball settlement that isn’t enough to cover all the losses you incurred in the accident, your only recourse would be to file a personal injury claim against them. Discuss your case with an experienced Ventura car accident attorney to better understand your rights and your next steps.
Seek Legal Guidance From a Skilled Ventura Car Accident Attorney
When a car accident through no fault of your own leaves you injured and out of work, the last thing you need is more stress that usually comes with the claims process. To find out the best legal options for your specific situation, please get in touch with the Ventura car accident attorney at Bamieh & De Smeth today. You can arrange your complimentary case evaluation by calling 805-643-5555 or reaching us online.