• Feb
    21
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    When is the Driver in a Single Vehicle Accident Not Liable?

    When you tell your friends and family that you’ve been in an accident, they’re immediately concerned, no matter what type of accident it was. But when your accident only involved you rather than having been in a collision, your own sense of concern may reflect frustration or self-doubt. After all, it’s not like being rear-ended or struck by another vehicle. Was the accident your fault?

    There are plenty of times when the driver in a single vehicle accident is not liable for what happened. This can include poor maintenance on the roadway, hazards and obstacles that were not apparent, weather, and even pedestrians or other vehicles that you may have swerved to avoid. So the real question is, who is at fault? The attorneys at Jarve, Kaplan, Granato & Starr, LLC can help you answer that question.

    There are a number of different ways that single vehicle accidents can occur. A car can overturn or run off the road. You can hit a deer or debris in the road that causes you to lose control. There are situations where a driver has hit a pedestrian or cyclist with their car. All of these are examples of single vehicle accidents, and in most cases the driver is assumed to have been at fault because they are the one who had control of the car. Police will look for indications of negligence or carelessness, or even alcohol use or fatigue. But that is not always the case.

    There are so many factors that are not under a driver’s control that can lead to an accident. These include:

    • The vehicle may have a defective part such as a steering mechanism. The brakes may have failed due to having been improperly repaired.
    • A driver could lose control of their car due to a pothole or poorly salted roads. This would make the agency responsible for road maintenance responsible for the crash.
    • There may have been something on the road that the driver tried to avoid, and the person responsible for its placement may be held liable.
    • Another vehicle may have merged into the driver’s lane and the driver swerved to miss them and ended up crashing as a result. In this case the first vehicle’s driver would be at fault in the accident, even though they were not involved in the actual collision.

    Examples like this are all good illustrations for why people who have been in a single vehicle accident need to speak with an experienced attorney about their case. An experienced attorney can help you gather the evidence you need and make the case about other conditions that may not have been immediately apparent, yet may have been the cause of your accident. The attorneys at Jarve, Kaplan, Granato & Starr, LLC know that there are certain exceptional situations that lead to courts deciding that the driver in a single vehicle accident is not at fault. Call us today for expert help.

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