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Who is at Fault in a Single Car Accident

Oct 26, 2020 | Car Accidents

Moussa Sabzehghabaei

Personal Injury Lawyer

In this section, we will review how fault is determined in single motor vehicle accidents. We will go over some common situations that come up in practice where single motor vehicle accidents occur, and we will discuss what type of recourse such plaintiff’s may have.

Who is at Fault in a Single Car Accident?

Single motor vehicle accidents are not always the driver’s fault. In fact, there are many cases where the driver is not to blame at all for the accident. If you have been involved in a single motor vehicle accident, reach out to one of our lawyers to help you understand your options. We’ll go over some common scenarios where single car accidents occur, and where the driver may not be at fault.

Poor road conditions

One of the common causes of car accidents, especially during inclement weather, is poor road conditions. Whenever it rains or snows, driving can be difficult. The car for example, can slide off the road, resulting in collision. In such a case, you may be able to escape liability for the accident. However, there are various arguments that may arise that would find you liable for the incident. Notably, the court will seek to determine whether there was anything you could have done to avoid the accident like driving more slowly or more carefully. If the Court finds that another reasonable person would have been expected to take such other steps to prevent the accident from occurring, then you may be held responsible. An experienced car accident lawyer can help you put your best foot forward in prosecuting your claim, by carefully evaluating the facts of your particular case.

Another driver’s negligence

Single car accidents may also occur due to another driver’s negligent actions. For instance, if you are driving on the highway and then suddenly, another driver shows up on the wrong side of the road, they may cause you to swerve and avoid hitting them, then you may not be held liable at all for the accident. You will need a good lawyer to conduct proper investigations early on and help prove that the accident was caused through no fault of your own.

Mechanical issues

If the car had mechanical failures such as a problem with the brakes, you may not be held liable for the accident. However, it must be proven that the car failure was not as a result of your own lack of proper car maintenance. In certain cases, it may be necessary to consult with properly qualified engineers. Where applicable, our team of lawyers can arrange for you any such investigations, including retaining the proper experts.

Obstacles on the road

Certain obstacles on the road such as a pedestrian, an animal, or even a stalled car can cause serious single-car collisions. For instance, the driver can slide off the road or strike another object in an attempt to avoid the obstacle. However, you must be able to prove that you were unaware of the obstacle on the road until it was too late to slow down.

It is important to stress that with single car accidents, it can be difficult to prove who may be at fault. An expert car accident lawyer will be able to carefully evaluate all facts, guide you with investigations, and even help you retain the proper experts where necessary. Please feel free to contact our law firm if you have been involved in a single motor vehicle collision.