One Vehicle Collision - Understanding Your Legal Rights | Shapiro, Washburn & Sharp

Since 1985, our law firm has handled thousands of automobile accident cases. Not all of these cases involved a multi-vehicle collision.  There have been occassions where someone suffers serious injuries in a single-vehicle accident.  These accidents typically involve a vehicle leaving the highway and striking a trees, winding up in a ditch, etc.  Under the circumstances surrounding a single-vehicle collision, it is important to be aware of the driver’s conduct prior to the wreck, any recent repairs to the vehicle, and any recent recalls involving the vehicle, or of its component parts.

How Our Team of Nags Head Auto Accident Attorneys Evaluate Single-Vehicle Wrecks  

Single-vehicle wrecks involve a unique set of considerations.  Our evaluation/investigation usually begins with the conduct of the driver.  If a driver lost control of their vehicle, failed to react properly, was speeding, or was engaging in an unsafe activity  (e.g., texting while driving) that caused the wreck, then the driver is usually responsible for any injuries suffered by passengers in the automobile.  Under these circumstances, a passenger would likely have a negligence claim against the driver where they can seek financial restitution for your harms and losses.  However, if the passenger contributed to the driver’s negligence or was aware the driver would likely drive recklessly prior to entering the vehicle (e.g., the passenger knew the driver was intoxicated, got in the car anyway and the driver’s intoxication led to a wreck), then the passenger’s claim could be defeated the defendant asserting the contributory negligence defense or assumption of the risk defense.  This is why it is so important to evaluate the circumstances that existed prior to a passenger entering a vehicle and leading up to the collision.   If the driver’s conduct did not cause, or contribute to the wreck, and the circumstances surrounding the wreck indicate that a mechanical failure was the cause of the wreck, our team of attorneys usually investigate the potential of a product liability claim (e.g., airbag failure, seatback failure, etc.).  In addition, if a mechanic recently performed work on the vehicle that the part worked on failed, then there may be a claim against the mechanic for proximately causing the crash (e.g., failure of brakes, loss of a tire after rotation, etc.).  This information is typically obtained from documentation provided either through a review of recent recalls in the automotive industry or the service history of the vehicle. 

Take Action Now

If you suffered a serious injury in a single-vehicle accident, take action now and contact our law firm to schedule a free, confidential case review.