The Dangers of Single Vehicle Auto Accidents in Denver
Common causes of single-vehicle accidents include:
- Driver distraction
- Inclement weather
- Driving while drowsy
- Drunk driving
- Hitting an animal
- Debris on the roadway
- Poorly designed roads
- Vehicle defects or lack of maintenance
If a driver causes his or her own single-car accident, such as by driving while texting or intoxicated, then that driver has little recourse. The driver may make a claim with his or her own insurer and obtain what coverage is available, such as collision coverage to repair or replace the vehicle.
However, if someone other than the driver is responsible for the crash, then the injured victim can take legal action against the party who was at fault. For example, if a vehicle defect triggered the accident, the injured victim might file a lawsuit against the car’s manufacturer. In this type of product liability case, an attorney could help the injured victim obtain compensation by proving that a defect in the vehicle directly caused the accident. There is no need to prove negligence on the part of the carmaker.
If the single-vehicle accident was caused by a defective road, a lawsuit is more difficult. Normally, the government is in charge of road design and maintenance, and certain legal protections give limited immunity to the government’s employees and agencies. It is not impossible to sue the government, but special rules apply. You will need to make sure your Denver auto accident lawyer understands how to handle cases against the government.
Is There a Limit On How Much A Denver Auto Accident Attorney Can Recover for Me in A Single Vehicle Accident?
Single-vehicle accidents are subject to the same laws as other types of car accidents. This means that there is no limit (or “cap”) on the amount you can recover. If someone else was at fault in your single-vehicle accident, you are entitled to full compensation for your property damage, medical bills, lost wages, pain and suffering, and other losses.
As a practical matter, however, the amount you can recover could be limited by the insurance coverage that is available. For example, if your only option is to file a claim under your Med Pay policy, you could be limited to recovering $5,000. But, it is also very possible that you have multiple insurance claims you can file. If a negligent driver, passenger or pedestrian; a road defect; or a vehicle defect played a role in your accident, our Denver auto accident lawyer will pursue all available claims to maximize your financial recovery.
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What if You Crashed After Swerving to Avoid a Vehicle or Pedestrian? Can You Still Recover Compensation?
Let’s say you were driving along, and then all of a sudden, you had to swerve to avoid hitting a vehicle or pedestrian. What are your legal rights in this type of scenario?
The answer to this question depends on why you were forced to swerve. For example, let’s imagine that a distracted pedestrian stepped into the road without the right of way. If you swerved to miss the pedestrian, you did the right thing. Not only that, but the pedestrian would likely be found at fault for your single-vehicle accident, and this means that you could likely pursue a claim against the pedestrian. If the pedestrian has auto insurance coverage, his or her policy would generally apply even though he or she wasn’t driving at the time of the accident.
Likewise, if you swerved to miss a negligent driver (i.e., a driver who had suddenly stopped in the middle of the road without warning), you would most likely have a claim under the negligent driver’s insurance policy. If you have uninsured/underinsured motorist (UIM) coverage, you could also file a UIM claim if the driver doesn’t have the coverage you need to fully recover your accident-related losses.
Options a Denver Auto Accident Lawyer Can Pursue If You Were in a Weather-Related Crash
Now, let’s say you crashed due to poor weather or road conditions. We get more than our fair share of snow and sleet in Denver, and these types of single-vehicle accidents are common during the winter months.
Here too, your legal rights will depend on the specific circumstances surrounding your accident. While you can’t blame anyone for the weather, you may be able to blame the government for failing to maintain the roads and keep them in safe driving conditions. If you lost control because the road was not as safe as it should have been – or if your crash was worse than it should have been due to a missing guard rail or another road-related issue – then you may have a claim against the government for just compensation.
Getting Help from Levine Law
If you or a loved one has been injured in a single-vehicle crash, you need a lawyer that knows how to handle the nuances of auto accident cases. At Levine Law, our award-winning legal team can help. With more than 20 years of experience representing car accident victims, an experienced Denver auto accident lawyer has the knowledge and skills to help you obtain justice. Call us at 303-333-8000 or contact us online now to schedule a free consultation.
