According to a recent report from Fox News, a single-vehicle crash in Winston-Salem resulted in injuries to a grandmother and grandchild when their car crashed through a fence and careened down an embankment.
Witnesses say the car was apparently pulling into a parking spot when it suddenly accelerated, barreled through the fence, rolled over and plummeted about 25 feet into a drainage ditch. The child was able to get out of the car, but his grandmother was trapped in the vehicle until first responders rescued her. They were both taken to the hospital and treated for what authorities say were minor injuries.
As your Winston-Salem car accident lawyer can explain, an injured passenger may file a claim with the driver’s insurance company, but their claim may be denied or the insurance company may offer significantly less than the case is worth. It is not uncommon for an insurance company to make an insultingly low offer in the area of a few hundred dollars.
This creates an uncomfortable situation where a passenger may have to sue the driver of the car who is a friend or family member. While it sounds strange, it is really the driver’s insurance company you are suing, so that they will settle the claim for an appropriate amount.
The reason that situations like this happen is because insurance companies are big businesses that want to collect as much as possible in premiums and pay as little as possible in claims. While it may seem like suing a friend or family member is not something you feel comfortable doing, it may be the only way that you can recover for the medical expenses, lost wages, pain and suffering, and other special damages caused by a car accident that was that driver’s fault.
Another possibility in a case like this is that there may have been a mechanical defect that caused the accident. If there is a mechanical problem with the car that the automaker knew or should have known was likely to cause an accident, there may be a negligence action under a product liability theory.
In a product liability case involving a car accident, the claim can be that the car or a particular part was defectively designed, or that that auto manufacturer failed to adequately warn customers of a known dangerous condition. The plaintiff does not normally have to elect one or the other of these and can file claims under both theories. There may also be additional defendants, such as the car dealer and the parts manufacture that made the individual component that is defective. In today’s global economy, it is extremely likely that the part at issue was made by a third party and installed by the auto manufacturer.
During the discovery process in a lawsuit, your car accident attorney will be able to initiate requests for the production of documents that will likely include the service history of the vehicle and any complaints or reports that have been made about that particular defect. If it can be established that the automaker knew of the specific problem, that will be very helpful to your case.
Contact the Winston-Salem car accident attorneys at the Lee Law Offices by calling 800-887-1965.
Woman, child injured after car plunges down embankment in Winston-Salem, August 8, 2014, Fox News http://myfox8.com/2014/08/08/two-injured-after-car-crashes-down-embankment-in-winston-salem/comment-page-1/
More Blog Entries:
Safe Removal of Child in an Accident: Hazardous Car Seats, May 12, 2014, North Carolina Personal Injury Lawyer Blog