In some situations, car accident litigation can be a relatively simple type of case. But it can get much more complicated in cases involving substantial injuries with questionable insurance coverage limits on the other vehicle. The following article will discuss 4 main extraordinary circumstances that can often add complex issues to an emotionally and physically painful time after an accident. However, understanding these 4 situations can help make the aftermath of a car accident and your subsequent injuries a much smoother experience.

Leased Cars

The driver of the at-fault vehicle is not only responsible for anyone injured in a car accident, but the owner of the vehicle is also responsible. The owner is responsible for the negligence of the operator, when that operation occurs with the authorization of the owner. This is extremely important when the at-fault vehicle is leased.

There are a large number of cars and trucks on the road these days that are driven on a lease basis. Because of this, it can be critical to go beyond the name on the registration to find out the exact owner of the vehicle. It is a fact that when a vehicle is leased from a large automobile company, the license plate will simply bear the name of the user of the vehicle, the lessee. However, the actual owner of the vehicle, the lessor, is usually a major corporation with unlimited insurance coverage.

It is unfortunate for the seriously injured victim when, as is often the case, the actual owner of the at-fault vehicle is never discovered and the additional insurance is never disclosed.

Commercial Vehicles

Although it is common for companies to put their names in bold on their commercial vehicles, this is not always the case. When accidents do occur, there is often no indication that the vehicle was used for business purposes. In fact, to the casual observer it may appear that the vehicle was not being used for business at the time. The only way to find out if the vehicle was being used for business is to do a thorough investigation.

If a vehicle is being operated by an employee during the course of his employment, then the employer may be ” vicariously liable ” for his employee’s negligence in operating that vehicle. The employer may well have additional liability coverage that far exceeds that of the driver. There may also be an “excess” insurance policy.

Defects

One cause of a car accident can be a defect in the road, such as improper design, maintenance, construction, signage, or lighting. Liability may also be based on improper lines in the passing lanes of the highway, a hill that impedes the driver’s view, a sharp obstruction, or a problem with the roadway that obstructs the driver’s vision. Trees and utility poles can also cause problems when planted or erected too close to the road.

The safety belt defense

While seat belts and air bags provide an important function in preventing serious injury or death to those involved in crashes, they are not guarantees that you will not be killed or injured in a serious crash.

Seat belts and air bags can fail or cause injury on their own. However, the seat belt defense, often used by attorneys defending at-fault drivers, seeks to establish that some, or all, of the plaintiff’s injuries were caused by failure to wear a seat belt.

In short, it is essential that a routine investigation be carried out, in all cases of vehicle accident. Police records must be obtained, witnesses interviewed, and photographs taken immediately of the accident scene and damage to vehicles. The negligent driver’s insurance company should be contacted immediately for available coverage limits and attempt to obtain additional information from the adjuster regarding other potential coverage areas. Many times, the adjuster for the at-fault driver’s insurance company will attempt to record a statement from the victim, without the advice of an attorney. This should never be allowed.