Thursday, November 15, 2007

“Potential Problems in Car Accident Claims”

Reading the article, “Special Issues Arising in Car Accident Cases”, () which was posted in October 28, I was surprised to learn of the difficulties encountered by lawyers during litigation in car accident cases. The article pointed every case scenario and the problem that accompanies each case. Thinking about it, one can see clearly why litigation in car accident cases becomes more difficult and tedious.
As enumerated, these are the cases and the problems that arise as litigation unfolds:
  • Accidents involving hit and run – In this case, the drive as the main culprit, failed to stop at the scene of the incident. Problem: the victim has difficulty identifying or pinpointing the driver responsible for his injury.
  • Accidents’ involving Car and Pedestrian – The pedestrian as a victim often suffers a major injury. Problem: the victim finds it difficult to make a claim against the liable driver since the pedestrian’s conduct may also be blamed.
  • Accidents involving Car and Motorcycle - When a car and a motorcycle collides, the injured victim in the motorcycle is often left behind by the car driver. In many cases, motorcyclists are often blamed for the accident although sometimes car owners are at fault.
  • Accidents involving Car and Bicycle – In most accident cases, the injured cyclists are abandoned and left behind by car drivers. Despite this, some cyclists may also be blamed for engaging in dangerous activities while on the road – making sudden cuts, staying out of the designated bike lane, etc.
Other cases of car accidents involved with other types of vehicle pose a potential problem during litigation. Each case is a different story, a separate case. You can just imagine what other potential problems may arise if you begin to think of a car accident with a bus, a tractor-trailer, a semi-truck accidents, etc.
In short, litigation in car accident cases is never easy. Each case has a potential problem of its own.