According to a recent article from My News 2, a pregnant woman and her unborn child died in a car accident in North Carolina. Another person involved in the accident is hospitalized with life-threatening injuries.
This tragic accident occurred when the victim’s vehicle went off the road and crashed into an exit sign. The sign was made of metal and concrete. The passenger, who was seven months pregnant, was taken to a local hospital where she later died from her injuries.
In addition to the passenger, the driver of the vehicle is reported to be in critical condition, there were also two young children that were seated in the back of the vehicle. One of these toddlers suffered a broken wrist during the accident. Both children were properly secured in child car seats at the time the crash occurred.
Our Anderson, South Carolina injury attorneys, who regularly represent people injured in car accidents, know that a single vehicle accident can present complicated situations where the injured passenger, or his or estate if the victim has died, may be required to file a lawsuit against the driver of the vehicle. This may be an uncomfortable situation where the driver is a friend or relative, as is often the case.
While this may be an uncomfortable situation, for a victim of a serious car accident, it may be the only way to achieve and fair and appropriate financial recovery. Just because the driver of the vehicle is someone with whom you have a close relationship, doesn’t mean that his or her insurance carrier will agree to pay your claim. The insurance company will treat you like any other claimant and may deny liability entirely.
In this case, your attorney may need to file a lawsuit against the driver in order to get the driver’s insurance company to compensate you for you losses. Typical damages in a car accident case involve pain and suffering, lost wages during the time you cannot return to work, loss of consortium, medical bills, future medical expenses, and other special damages.
If the victim of the car accident has died, the victim’s surviving spouse, adult children, or, sometimes, parents will open a probate estate and file the lawsuit in the name of the decedent’s estate.
If the driver of the vehicle was not at fault for the car accident, your lawyer can discuss with you the possibility of a products liability suit against the car manufacturer, dealership, or possibly a garage that serviced the vehicle. There have been many cases where a single vehicle crash was caused by a defective part or by the fact that the automaker failed to warn the plaintiff of a known danger associated with the operation of the vehicle.
Your attorney will be able to request service bulletins and other company documents to prove that the manufacturer knew or should have known about dangers prior to selling the car to a customer. As we have seen in many cases, car companies are often willing to risk that an occupant will be injured by a defect or other dangerous condition, rather than then spend the money required to correct the situation.
Contact the Anderson car accident attorneys at the Lee Law Offices by calling 800-887-1965.
Pregnant Kernersville Woman & Unborn Child Die in Car Crash, September 8, 2014, WBTV News
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Another Recall: GM to Reveal Compensation Plan, Aug. July, 2014, Anderson Accident Lawyer