6 Car Accident FAQs for Unusual Accidents
Most car accident cases involve two parties. However, there are some unique situations where certain specifics about the other driver will impact your case. Visit here to read more about working with a car accident attorney in Daytona Beach for your unique accident concerns.
Top six questions surrounding car accidents that are could be classified as outside the “norm”
1. What if the other driver was a minor?
Even minors are responsible for their actions on the road. That means that they can still be liable for any damages that they cause. The difference in cases that involve minors is that the case will also likely involve the driver’s parent(s) or guardian(s) and their insurance company.
You will likely not deal directly with the minor, and the parent or guardian will make all of the final decisions in the case. That also means that it is the parent or guardian’s pocketbook that is affected, not the minor’s.
2. What if the other driver did not own the vehicle they were driving?
In most cases, the driver is also the vehicle owner or part owner. When this is not the case, then you may have to sue both the driver and the owner of the vehicle in a personal injury action.
This is because the driver actually committed the negligent act, but the vehicle actually caused the damage. Property owners are responsible for virtually any damage caused by their property.
3. What happens if there was no one else involved in the accident?
In most one-car accidents, the driver is presumed to be at fault in some way. This could mean that you do not have a viable personal injury claim.
However, if your brakes suddenly go out or if a poorly maintained road contributed to your accident, then you could have a different type of personal injury case on your hands. Think about the underlying cause of the accident. Was it completely your fault? If not, then you may have a case.
Florida is a no-fault state. Read more here to find out about Florida’s no-fault laws, and how they might apply to your car accident.
4. Can my passenger sue the other driver?
If your passengers are injured, they can sue the other driver in most situations. In fact, they can also sue you in some circumstances. If you and your passenger want to sue the other driver, then you may want to consider going to a car accident attorney together.
This allows the attorney to file the cases together in some situations, cutting down on costs and delays.
5. What if an emergency vehicle hit me?
Emergency vehicles do have special privileges on the road, including running stop signs and red lights when absolutely necessary. However, even those drivers must operate their vehicles with due care and take measures to avoid an accident.
If an emergency vehicle hits you while its lights and sirens are on, then you may still have a personal liability action against the city, county, or hospital to which the vehicle belongs.
Your case may also depend on where the vehicle was going and whether it was making its way toward a “real emergency” as defined by Florida law.
Learn more about the individualized rules and Florida laws surrounding emergency vehicles. Be sure to also speak with an experienced Daytona Beach car accident attorney for more information.
6. What if the other party did not have a license?
Driving without a license is illegal. However, just because someone is driving without a license doesn’t mean that you will automatically win your case.
Driving without a license is great evidence that the other driver did not know what they were doing or should not have been driving, but that does not mean that the jury or court will just hand you your damages!
Just like any other case, you will have to prove that the other person was careless and caused your damages. If the driver does not have license, that may also mean that he or she does not have insurance either.
This can greatly affect your case—to the point where you may not want to bring a personal injury action.
Some Accidents are Unusual…but calling a Daytona Beach Car Accident Attorney Isn’t…
Every car accident in Daytona Beach is different, and although most cases follow similar patterns, never assume that your situation is just like someone else’s. Instead, contact a Daytona Beach car accident attorney to discuss your case in detail and learn about all of your legal options.
Visit Elton Law to speak with an experienced and professional Daytona Beach car accident attorney today.
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