When most people think of car crashes, they usually imagine two cars colliding, probably at an intersection or on the highway. But many accidents involve only one vehicle. Motorists slam into an object or slide off the road, and occupants can suffer serious injuries. At Larson & Gallivan Law, our Vermontcar accident lawyers have tackled some of the trickiest single vehicle accidents. It is possible to receive compensation for this type of wreck, but there are challenges you will face.
What Causes Single-Vehicle Accidents?
Many of these wrecks are actually caused by negligent driving, even though they only involve one car. To avoid a worse collision, the driver takes quick defensive action, which sends the car flying off the road or into a tree. We call the motorist who almost hit you a “phantom driver” if they flee the scene after a near-miss accident. The other driver may not even recognize that a crash occurred!
Imagine you are driving down the street when you come upon a car in your lane headed directly toward you. All you can think to do is yank your steering wheel to the right, which causes you to slam into a building. Because the car didn’t hit you, this is a single-vehicle accident.
Other single vehicle accidents are caused by:
- Car defects, including faulty brakes and steering components
- Hazards in the roadway, like construction debris, ice or water
- Defects in the road, including potholes, uneven lanes, or missing road signs
Can You Receive Compensation for a Single Vehicle Accident?
Yes, if someone is at fault for your crash. For example, a motorist who almost hits you because they were negligent or reckless is at fault. You could make a claim on their insurance policy, even if they didn’t actually hit your car. More likely though, you would make a claim against your own insurance because we never know who the other driver was. As a result, the phantom driver is “uninsured” and you may have an uninsured vehicle claim.
If the road is defective, you could sue the entity responsible for the road’s maintenance. This could be the municipality or a contractor.
When car defects contribute to accidents, you might sue the manufacturer for a defective design or components. Your car could be defective from shoddy mechanical work, in which case you should consider suing the mechanic.
Of course, some single-vehicle accidents are the fault of the driver. If you crashed because you were speeding, fatigued, or intoxicated, then you can’t sue anyone for compensation. You are to blame for your crash.
But maybe you were the passenger in a car and the driver of the car was careless. In this case, you can receive compensation from the driver’s insurance or potentially your own insurance! We have handled a number of cases for passengers in single-car crashes.
What Unique Challenges Do Motorists Face with Single Vehicle Accidents?
There are several problems which make obtaining compensation difficult. Let’s look at three.
First, a phantom driver will refuse to stop. After all, they didn’t hit you, so they might take the opportunity to hit the gas and flee the scene, even if your car is overturned in a ditch. Or they may have been oblivious to the crash and continued driving. Unless the police find the driver, you won’t be able to sue or make an insurance claim on their policy.
Second, your insurer might believe you are responsible for the collision. For that reason, they might refuse to let you make anuninsured motorist claim, since they do not need to cover accidents where you are at fault.
Third, even if the driver stops, they might claim you are still responsible for your accident. They might allege you were drifting over the center lane or swerving in and out of traffic. Your insurance claim could get bogged down due to a dispute over fault.
What Should I Do after a Crash?
You can improve your odds of receiving compensation by taking these steps:
- Call the police immediately after the accident. This helps establish the factual circumstances. Your insurer will want to see a police report, which is some proof the accident really happened as you say.
- Speak to any witnesses. They can help support your claim that you were almost driven off the road by a careless driver or that your car suddenly failed to respond to your commands.
- Photograph any road hazard, like potholes or debris. These hazards might be fixed or removed, and you want proof of their existence the day of your crash.
- Get personal information from any driver who almost hit you if you can. With luck, the driver will stop and render assistance. Ask for name, insurance information, and license/registration number. Those will help you make an insurance claim.
- Notify your insurer of the crash. You should avoid any delay, which would be suspicious. Remember that there is no need to give a lengthy recorded statement at this time.
Contact Our Vermont Car Accident Lawyer
Larson & Gallivan Law is committed to accident victim rights, including those injured in single-vehicle accidents. Contact us today by calling 802-327-8458. We will gladly review your case and determine whether we can negotiate a settlement for you to cover your car damage and other losses.
