Single Car Accident
This article shares some great advice from Phoenix car accident attorney, Aaron Crane from Cantor Crane regarding single car accidents. Single car accidents can be difficult when the injured driver is attempting recover damages from the mishap. In “fault” accident states such as Arizona, a single car accident victim often thinks they have no recourse in collecting damages when other vehicles are not involved.
That is not necessarily the case in many instances. Many times, fault can include a third party that can be held totally liable, or at least partially liable. Certain situations such as obstacles in the highway or bad roadways in need of repair can justify a claim when your car accident attorney can prove there is a third party that had a reasonable duty of care and failed to meet that duty. All that is required of the plaintiff legal counsel is proving that an injury occurred and the respondent was negligent with respect to their duty of care.
Material Case Facts
There are many road conditions that can contribute to a single car accident. Issues such as avoiding animals in the roadway or hydroplaning off of the highway can make it practically impossible to collect damages. However, single car accidents that occur when another vehicle is involved, even though they were not struck, can result in a damage claim when your car accident attorney can prove that the other driver was in violation of the law, such as speeding or driving under the influence. Lane movement violations can also be a basis for a legal damage claim when there are other witnesses that watched the event and are willing to testify on behalf of the injured party.
In addition, many times an accident can be two single car accidents at once, even when the vehicles do not strike each other. If an individual is in the process of a single car accident and a following car wrecks in an attempt to avoid a collision, the police report can prove invaluable when your attorney can reconstruct the accident after a thorough investigation. These accidents can be problematic in adjudication, but it is not imperative for two or more vehicles to actually collide. Each accident is unique in material case facts in some manner, and an experienced and effective car accident attorney will know how to approach the case according to a totality of the circumstances.
Defective Car Parts
Many single car accidents occur as the result of a vehicle component malfunction. Braking systems can be the ultimate causation of many accidents when the brakes fail, regardless of a repair record. Vehicles that are listed on a safety recall list are automatically prime for investigation when it is apparent the vehicle part malfunctioned. Other issues, such as exploding air bags with no impact, can also result in accidents that are no fault of the driver.
These provable cases are held to a strict liability doctrine for the part manufacturer and the plaintiff’s legal counsel need not prove negligence by the manufacturer. And, being registered on a recall list is not absolutely necessary when your attorney can inspect the vehicle and provide evidence in a reasonable fashion that indicates the car part was indeed defective.
Arizona uses the pure comparative negligence doctrine when determining damages resulting from any accident, including automobile accidents. The pure standard means that even if an accident victim is 90% at fault for a wreck, the potential for a 10% recovery amount is possible when your legal representative can prove any level of fault by a third party. This additional fault can even be the result of eye witness testimony because the cases are determined by a preponderance of the evidence, as opposed to beyond a reasonable doubt. Too many novice injured victims do not understand that the level of proof in a civil case is much lower than a criminal case. The lower your level of fault, the higher your chances of at least receiving some type of recovery for your personal injury claim.
Contact Arizona Car Accident Attorney Cantor Crane
Never assume that because you are involved in a single car accident you do not have legal recourse for damage recovery. Always consult with an experienced Phoenix personal injury lawyer following an accident because the accident laws can be complicated and car accident attorneys understand when they can craft a case to at least recover some damages when you are not assessed at 100% fault for an accident. Contact us today at (602) 254-2701 for a free initial consultation.