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Shapiro & Appleton

Single-Car Accident Illustrates that Driver is Not Always at Fault

On July 28, 2014, Wavy 10 called the steep hole and concrete debris in the middle of I-264 a “highway hazard.” Five months later, Brewer has yet to receive compensation for damages because the contractor’s insurance company claims impunity. The incident illustrates the fact that single car accidents are not always the driver’s fault.

Brewer was driving 55 mph when she saw several cars stopped in the middle of the interstate. To avoid injury to herself and her 18-month-old daughter in the back seat, she swerved to the next lane for safety. What she encountered was an empty steel box and chunk of loosened debris. The impact of driving over the highway rubble flattened her tires, totaled her car and forced it to a complete stop.

Brewer and her infant child were thankfully unharmed, but the situation could have very easily produced serious personal injury. Now, Brewer is expected to pay a five hundred dollar deductible for an accident she didn’t cause.

Her situation is like many other single-car accidents. In this case, Curtis Contracting Inc. (CCI), the contractor responsible for that section of the road, assumes the risk for accidents due to defective infrastructure. Ron Watrous of the Virginia Department of Transportation (VDOT) reported that a metal form for a joint between the concrete road and concrete bridge broke loose from fastenings mean to secure the 2,000 pound steel form to the roadway.

According to CCI, “[t]he insurance company conducted an investigation of the incident and concluded that the contractor is not at fault, and subsequently is not responsible for damage incurred to the claimant’s vehicle.”

To hold private corporations like CCI accountable for what could have been a serious personal injury case, it is important to hire an expert lawyer to ensure justice. Our firm provides a stalwart effort to make sure the responsible party’s insurance company pays what is owed to the victim.

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