Car/Truck/Motorcycle Crashes
There is no such thing as
a routine motor vehicle accident. Although
many other law firms handle these cases routinely,
it takes a firm with the experience, knowledge
and a proven track record to obtain the maximum
recovery for you. We are that firm.
Every motor vehicle accident implicates three
major issues. First, liability must be determined.
In other words, who caused the accident? In
most cases a police accident report will be
available to begin the analysis. Although certainly
helpful, the accident report will not address
all the issues. For example, if one of the
drivers was intoxicated, can the server of
the alcohol be held liable? Or, if an unidentified
motorist contributed to the happening of the
crash, can a claim be asserted? Did some condition
of one of the vehicles cause the crash such
that a product liability claim would be appropriate?
These, as well as many other questions must
be answered to determine the most appropriate
legal theories to pursue.
The second issue in every case is damages.
In other words, is the injury serious enough
to overcome any applicable law that limits
your right to recovery? Often this question
cannot be answered until medical care is complete
and final records are obtained and evaluated.
Assuming the injury is serious, are there additional
injuries proximately caused by the accident?
In many cases an underlying condition may be
aggravated, accelerated or exacerbated by the
trauma of the accident. If so, it needs to
be causally related to the accident by the
treating doctor. It takes an experienced personal
injury lawyer to recognize all the medical
issues to maximize your recovery. In addition
to bodily injury damages, you may be entitled
to compensation for lost wages, or for loss
of future earning capacity. Again, these issues
require experienced trial attorneys to prove
your damages.
The third issue is insurance coverage. Unfortunately,
there are times when there is not enough insurance
available to the person that caused the accident.
Depending on the circumstances of the case,
there may be other sources of recovery. For
example, you may be entitled to Underinsured
Motorists benefits from your own insurance
company or from another applicable company.
Sometimes it is necessary to search for other “deep
pocket” defendants. Again, depending
on the circumstances of the case, it may be
possible to pursue claims such as product liability,
premises liability, negligent service of alcohol
or even medical malpractice, to fully compensate
a victim of a motor vehicle crash.