Three children suffered serious, but not life-threatening, injuries when the Ford Mustang in which they were riding ran out of control and flipped over on I-295 in Mechanicsville, Virginia (VA), on the night of September 27, 2014. One of the kids was ejected from the car as it rolled over, and the driver also required hospital treatment for crash-related injuries.
WTVR CBS 6 reported that the one-car accident occurred after the driver swerved to avoid hitting an object in the road and then overcorrected while trying to return to his original lane. Police charged him with making an improper lane change.
In a truly just world, the person responsible for leaving the obstacle in the driver’s path might face some legal consequences, especially if that individual allowed the item to fall from an unsecured load or left a large piece of litter such as the remnants of a blown-out tire in a location where it could end up in the way of traffic. Identifying such a person is likely impossible.
That reality leaves the driver who failed to maintain control of his car responsible for both the wreck and the injuries to his passengers. Accident-related medical treatments for the children should be covered under the driver’s insurance policy, but ensuring all the expenses get paid may require filing claims that exceed the coverage limits specified in the insurance contract.
Having practiced personal injury law in Virginia for nearly 30 years, I know that insurance companies look for every excuse to reduce the money they pay out for even the most legitimate claims. Reports on this Richmond Beltway crash do not specify whether any of the kids hurt were related to the at-fault driver, but even if the man was the father of all the injured children, difficult negotiations and legal actions against the insurer may be necessary to secure adequate compensation.
The parents of the crash victims can do much to protect their rights and make sure they do not suffer undue financial hardships by seeking a free consultation with a Virginia personal injury lawyer who has experience helping families recover from wrecks.
EJL