Assignment of Fault is Clear Cut in Certain Car Accidents
Head-on accidents are among the most dangerous motor vehicle events.
In a news conscious world, we read or hear about car accidents every day that cause serious injuries to the victims or even result in tragic deaths. Recently, a head-on collision took the life of a driver going the wrong way with his lights off on the Long Island Expressway around 4:00 AM. ESPN reported that Bronx Promoter, Joe DeGuardia, was the driver of the other vehicle and that he said he considered himself incredibly lucky to survive the accident. Both cars were totaled and landed about 150 feet from the spot where they collided because of the immense force with which they crashed into one another. However, his brand-new Mercedes’ airbag deployed which is perhaps the only reason he survived was able to walk away from the wreck.
Another man, also a Long Island driver but in a different accident, was not as fortunate. The Fairfax Times reported that a pickup truck crossed the median into oncoming traffic, hitting his car straight on. This driver whose car was hit, Douglas F. Schneiderman, died at the scene and his wife and 16-year old daughter along with the driver who crossed the median suffered serious injuries and were all hospitalized. A horrible accident with an even worse outcome, all due to the negligent actions of another driver.
Both accidents were head-on collisions, which are often the most dangerous types of motor vehicle accidents, and establishing which driver was at fault was a clear-cut matter in both cases. In both incidents, the drivers traveling the wrong direction down the road were at fault, and the drivers of the other vehicles were unable to do much of anything other than bracing themselves before they were abruptly struck.
When you get into a car accident, there may often be a question of who was really at fault for the collision and should, therefore, pay for the damages to the other driver’s vehicle and physical injuries. However, some accidents like the two described above are extremely clear in who should take full legal and financial responsibility for the accident.
It is likely that Joe DeGuardia’s insurance was full coverage and that the insurance company will pay to replace his new Mercedes and pay for any injury damages.
The Schneiderman family may be able to pursue a car accident and wrongful death lawsuit to recover the extensive damages they experienced, including the loss of their loved one. Our hearts go out to families who suffer this type of tragedy.
In these situations, if there was actually a question of who was at fault, this could be determined immediately by examining the location of the damage. Clearly, the accidents discussed above were head-on collisions, which are only caused when someone is driving in the wrong direction by either failing to see or blatantly ignoring road signs. However, if an accident is not completely head-on, the damage done to the vehicle can be studied to determine how the car was hit and why.
For example, if a car is traveling down a street in a residential neighborhood and hit by someone backing out of their driveway, the person on the road may be going too fast and will swerve so the car in reverse only hits the front fender and part of the side. But, if the damage to the driving car is directly on the side of the car, it is obvious that the driving car was well into the reverse car’s line of sight and that the other driver in reverse simply was not paying attention.
Differences Between No-Fault State and Tort State
As adults who have had to deal with insurance companies time and time again, we all know that they are great at one thing: doing everything they can to avoid paying for damages. Depending on what state you are in, there are two ways in which fault is determined so that insurance will cover the innocent party’s losses.
Some states are known as no-fault states – in these states, it does not matter who is at fault in a motor vehicle accident, because each person’s insurance company must pay for damages. However, the company may try to downplay the seriousness of the injuries you sustained or the damage to your car as a means of getting out of paying you what they rightfully should.
Tort states differ in that they demand fault to be determined in the event of a collision. This is done through extensive investigation that often calls into question the actions of both drivers at the time of the accident as well as road conditions that day, the flow of traffic, and other factors that ultimately help to decide who is responsible. Though insurance companies are supposed to pay damages to whoever is deemed not-guilty in the situation, again, they may often take specific actions and steps to avoid paying the full amount to cover your losses and damages.
If you are involved in an accident similar to the ones described above, it is not fair that you should have to suffer because of the actions of a driver who was messing around and not taking their driving seriously. Luckily, the victim of the first accident lived to tell the tale, but the second victim was not so fortunate, and his family suffered the consequences. In these clear-fault accidents, it was obvious who caused the collision, but it was still a good idea for the victims to obtain the help of a lawyer in case something in the situation were to go awry.
At the firm of Rosenberg & Gluck, LLP, our Long Island personal injury attorneys have been practicing law and helping people deal with car accidents since 1983., and we have the knowledge and experience to get you the compensation you deserve. If you or a loved one has been seriously injured in a car accident, find out how a Long Island car accident lawyer can help. We also help families seeking damages for wrongful death cases caused by negligent or careless drivers. Let us help walk you through the process so you get what you need from the responsible party. Contact us today at (631) 451-7900.
