Whenever a catastrophic motor vehicle accident results in serious injuries, the victims of the crash should investigate whether they have the legal right to pursue financial damages relating to the costs associated with medical care and other damages caused by the incident. Even individuals who were allegedly at fault for a particular crash should take action to ensure that they don’t have any legal options to pursue compensation.
Sometimes, for example, police fail to notice an important element pertaining to a motor vehicle crash that serves to “flip-the-script” in such a way that proves another party was at fault, or at least partially liable, for a specific incident.
Car crashes in which the at-fault party is difficult to identify
Here are two examples of crashes in which the true at-fault and liable party may not be immediately apparent:
1) Motor vehicle defects
Sometimes seemingly inexplicable vehicle accidents (or severe injuries at the time of an accident) happen as a direct result of a motor vehicle crash. An excellent example of this relates to the Tacata airbag defect that causes airbags to explode deadly metal fragments into vehicle cabins — even in the most subtle of fender-bender collisions. If another driver triggered a Tacata-related death by lightly bumping a defective car, would the death truly be that driver’s fault? Probably, the blame and liability for the death would lie on the shoulders of Tacata and the vehicle manufacturer.
2) Recklessly distracted drivers
Following a distracted driving crash, if police are not diligent to investigate the incident, they might not determine the true cause of the incident. Perhaps the at-fault driver was on his or her cellphone and recklessly failing to watch the road. Because distracted drivers do not exhibit any signs of wrongful behavior — like being intoxicated — after causing a crash, police could overlook the true cause of the incident and blame the wrong motorist. A diligent personal injury attorney, on the other hand, may be able to demand cellphone records to prove that the driver was distracted during the litigation of a personal injury action.
Were you wrongly blamed for an injurious vehicle accident?
These are merely two examples of motor vehicle crashes in which the at-fault party might not be readily apparent to investigators. If you believe that you were wrongly blamed for a crash — or the wrong party was blamed for your injuries — do not give up until you have thoroughly investigated all options to pursue financial compensation in your case.