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The ability to drive comes with its own challenges, like vehicle upkeep and management. Motor vehicle accidents can happen with a number of different vehicles and can have serious, potentially long-lasting impacts.
If you experience a motor vehicle accident, you may be entitled to compensation from the accountable party. It is important to be aware of the different types of motor vehicle accident claims that can be made to ensure you pursue the compensation you deserve.
Car accidents can occur for a number of reasons, such as driver negligence or dangerous road conditions. When filing a car accident claim, it is important to have the fault of the party involved accurately defined and proven using credible evidence. Specific types of car accident claims depend on the way in which your vehicle was hit and how the other party(s) reacts. Claims can include rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle accidents, or hit-and-run accidents.
Truck accidents also have the potential to cause very serious injuries for the people involved. Truck accidents are those that include a semi-truck or 18-wheeler. These accidents often require knowing federal regulations or company liability policy because trucks are often owned by a larger company. So, unlike a typical passenger car accident, the victim may be seeking compensation from a company rather than just a driver.
Motorcycle accidents are also quite common. Due to the decreased external protection while riding a motorcycle, motorcyclists are more likely to endure very serious, life-threatening injuries. They are also at a higher risk of exposure to dangerous road conditions or hazards compared to more durable, physically protective motor vehicles.
Bicycle accidents occur when a cyclist is struck by a motor vehicle. The weight and size of the opposing vehicle puts the cyclist at a severe disadvantage, and a higher risk of potentially life threatening injuries. When cycling amongst other motor vehicles, it is crucial to remain alert to road signals and other drivers to minimize the likelihood of getting into an accident.
While these are some of the most common types of motor vehicle accidents, it is still possible to file accident claims for other situations like train collisions, rideshare (such as Uber or Lyft) accidents, or bus accidents. Pedestrian accidents are even included within the larger category of Motor Vehicle Accidents because a pedestrian may have been hit by a car while crossing the street.
The first step when making a motor vehicle accident claim in West Virginia (and certain other states) is to ensure that you are less than 50% at fault for the accident. If the majority of fault rests on you, then you will not be able to recover any compensation.
The following are a few types of claims that you may be able to make.
Drunk Driving Accident Claim– This claim can be made when the accident was caused by an intoxicated driver. Intoxication means that the at-fault individual was driving under the influence of alcohol or drugs and can be proven by a Blood-Alcohol-Content test or police report.
Distracted Driving Accident Claim- This form of claim can be made when the accident was caused by a driver who was not paying attention to the road and surrounding drivers. Distractions include but are not limited to texting, talking on the phone, changing the GPS, or listening to music. This can be proven using cell phone receipts, dashboard camera footage, or even eye-witnesses.
Defective Vehicle or Parts Claim– Unlike the previous claims against the other driver, this type of claim can be made against an automaker or manufacturer. This claim is made when a vehicle fails to properly function due to defective designs or components (like brakes or airbags). A claim under this category likely escalates to a product liability case.
Road Hazard Accident Claim- An accident is not always caused by the wrongdoing of a driver. In this type of claim, the victim may argue that the accident was caused by poor road conditions. Notable conditions that can lead to an accident include potholes, uncleared debris, or poor road signage. In this claim, the fault sometimes falls on the government entities in charge of road maintenance and upkeep.
In all types of claims, drivers will need to consider both their and the other party(s) level of insurance coverage. Uninsured/Underinsured Motorist claims can be made when the insurance coverage does not meet the entire needs for your compensation. It is important to have a personal injury lawyer to guide you toward the best type of claim for your situation and relieve stress.
If you or a loved one has experienced an accident recently, you may be entitled to compensation. However, even if you are clearly the victim, earning the compensation you deserve is not always guaranteed.
Having an experienced personal injury lawyer to represent you or your loved one after an accident will significantly increase your chances of receiving rightful compensation. Lawyers understand the best approach to filing a motor vehicle accident claim and will be able to provide specific advice on the type of supporting evidence and documents to include in your claim.
Jan Dils, Attorneys at Law, is here to help you and prioritize your rights in the aftermath of an accident. Contact us today to set up a free consultation.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
