In Rex, Georgia, a typical car accident involves two or more vehicles. Law enforcement investigators look at the accident scene and other available evidence to determine liability in such cases. Once they identify the fault party, the victim can decide whether to file a compensation claim or let it go.
However, there’s another type of accident that involves only one vehicle. This is referred to as a single-car accident. In crashes like this, there is an assumption that the driver’s negligence or recklessness caused the occurrence. But this is not always the case, as several other factors contribute to solo car crashes.
This article discusses who you can sue after a single-car accident in Rex, especially where you were not negligent. To learn more about solo vehicle crashes and get the best legal counsel, contact us at The Weinstein Firm.
What Is a Single-Car Accident?
As the name implies, a solo car crash involves one car, truck, or other type of motor vehicle. This accident happens in one of the following scenarios:
- The driver hits an object on or along the road like a guardrail, tree, signpost, mailbox, etc.
- The driver swerves to avoid another vehicle, pedestrian, bicyclist, animal, road debris, or another hazard and goes off the road; or
- The car rolls over, spins, and goes off the road because the driver lost control or some other cause.
In either of these scenarios, the first conclusion is that you were at fault for the collision. But if you can prove that another’s person’s negligence or factors outside your control caused the crash, you may escape liability.
When Is a Driver Not Liable for a Single-Car Accident in Rex?
Below, our Rex auto accident lawyers discuss the different scenarios where you may be liable for a solo car crash and who you can sue in such instances.
Avoiding an Auto Accident With Another Driver
It’s not every Rex driver that obeys traffic rules and regulations. So, it’s not unlikely that you may crash your vehicle while trying to avoid colliding with a reckless driver. For example, a driver who runs a red light. Here, instead of a two-vehicle collision, you have a solo crash, with you seemingly being the negligent party.
However, you don’t have to accept fault once you prove that you crashed while trying to avoid a reckless driver. The challenge, though, is locating the other motorist and proving their liability. But keep in mind that if you were distracted and did not see the driver in time to avoid the accident, you will share some liability. This, in turn, will affect the money you get as compensation.
Unreasonably Unsafe Road Conditions
The government has the responsibility to keep streets and highways in driveable conditions. So, suppose the road was defective (has maintenance issues) or has a hazard that the maintenance agency should have removed. In that case, you may be able to file a claim against the local municipality or agency charged with the road maintenance.
Note that claiming unsafe road conditions caused an accident often births a legal battle. The government will argue that if the road was truly defective, you should have exercised greater care and caution. But you can counter the argument if a pothole suddenly appeared on the road due to general instability in that part of the roadway. If the argument flies, you can escape liability.
This is one of the common ways to avoid liability for a single-car accident. Once you can establish that a defective part or equipment failure caused the crash, you will likely get compensation from the manufacturer. However, getting a settlement is only possible if the defect or failure is sudden and unexpected.
Therefore, if you knew of the defect beforehand and failed to fix it, you cannot hope to benefit from such negligence. In addition, if the manufacturer recalled the vehicle, and you fail to return yours, the accident will be solely your fault. This is because the accident may not have happened if you had done all you needed to do at the right time.
Let Experienced Rex Car Accident Lawyers Represent You!
As someone involved in a single-car accident, you should not be quick to accept liability. First, hire a car accident lawyer to examine the facts and determine if you are the only liable party. This is what we’ll do at The Weinstein Firm, and once we find you are not the sole negligent party, we will commence the process of getting you compensation. We care about protecting your rights and getting you justice, so call today for a free case review.