A roadway is already a dangerous place on a normal day. Millions of people are hurt in auto accidents every year due to no one’s fault. But the dangers of the road are compounded when people engage in dangerous behaviors while driving, like running another car off the road. When that happens, a lawsuit may be the best way for a person to secure compensation for their injuries and pain.
What was the total loss worth?
Filing a lawsuit for a run-off-road collision is often centered on the resulting damages. Many of these damages can be covered through a simple insurance claim. After a crash, the two drivers share insurance information if the perpetrator is known.
If the at-fault driver is not known, they will often not be pursued in minor cases. Insurance companies know that a significant police investigation would cost more than simply paying for the damages.
- In cases with no witnesses and no significant evidence, a police department will most often file a report and do little else.
- If there is serious damage to a person’s car or their body, the police and a lawyer will conduct a thorough investigation.
- They will go through a significant effort to find witnesses and carefully document the details of the accident to find out who is responsible.
Who is responsible?
Another key component of car accident lawsuits is the shared fault of both parties. Not every case of someone being run off the road is exactly the same. In some situations, a person is run off the road as retaliation for some reckless behavior that they had previously engaged in.
While unsafe driving is illegal in any circumstances, it is much more difficult to build a case if a person instigated the illegal behavior. There are also misunderstandings that may occur on the roadway. One car could merge to the right, not see another car in their blind spot, and inadvertently run them off the road.
A lawsuit, in that case, would be somewhat difficult. It is nearly impossible to secure a large settlement based on a run-off-road accident. If one driver claimed that they did not mean to run the other driver off the road, witnesses and tire track evidence could help determine the truth. The best situation for a plaintiff seeking damages would involve one car deliberately driving their car off of the road because of a road rage incident.
What to do next?
Anyone who gets run off the road should immediately make sure that they have not been severely injured. Accident victims should seek safety and check on their cars. Then, they should file a police report and start to tabulate the damages and the circumstances of the event.
Did they know who ran them off the road? Were there any witnesses? Can any part of the police report help them piece together what happened? These questions are essential to enlisting an attorney to help with the case.
Car accident attorneys will often start off by talking to insurance companies and seeking a fair settlement on their injured clients’ behalf. They may also talk to the party responsible. If these conversations do not work, they will move to a lawsuit and eventually take the injury case to court.
Conclusion
Running another individual off the road is a serious offense that could be considered attempted manslaughter in some cases. People who go through this stressful situation often must shell out thousands of dollars in car repair and medical bills.
Their insurance carriers will likely refuse to cover all the losses even when hefty medical bills are involved. If possible, car accident victims should enlist the help of a seasoned attorney and law enforcement to bring reckless drivers to justice and get the compensation they are due. You can check out this video for more details on how to deal with a car accident if you were on the receiving end of it.
