October 21, 2020

Car Accident Personal Injury Legality and Eligibility

Every year on the roads, thousands of vehicles are involved in accidents. Car accidents can be devastating to all parties involved. Sometimes, it is something that cannot be prevented. In this article, we will look at the common causes of car accidents and what cases may or may not be eligible for compensation in different situations.

Distracted Driving: One of the leading causes of collisions is distracted driving. It refers to a situation where an individual’s attention is diverted away from the task of driving. Common distractions can be the usage of a cell phone behind the wheel, eating food, changing radio stations, roaming, and so on.

Driver Fatigue: Another leading cause of motor vehicle accidents is drowsy driving. Most driving accidents occur usually between late at night and in the early morning when people feel the urge to sleep. Driver fatigue includes slow reaction times, heavy eyelids, frequent yawning, and drifting in and out of lanes.

Driving under the influence: Alcohol-related accidents can be easily avoided by having a designated driver. A driver’s ability to focus and react on the road can be impacted by alcohol or drugs.

Excessive Speeding: Most fatal accidents are a result of excessive speeding. Driving at high speed makes it difficult for a driver to steer clear of dangerous objects and to stop their vehicle in emergency situations.

Reckless Driving: A person operating a vehicle while disregarding the safety of orders is a reckless driver. This kind of reckless driving includes changing lanes frequently and suddenly, running red lights, tailgating, and refusing to obey traffic signs.

Weather: Driving in weather like rain, snow, fog, ice, and high winds can cause accidents. Motorists are advised to take precautions driving in bad weather conditions.

Vehicle Failure: Many vehicle accidents are caused by defective or malfunctioning auto parts. Cars must be routinely maintained to avoid these kinds of accidents.

Person Holding Black Smartphone and Vehicle Steering Wheel

This article should not be read as official legal advice. Before you decide not to file a claim or accept the decision of your insurer, it is best to consult with a professional legal expert like Villasenior Personal Injury Law Offices. There are various reasons as to why you may be denied insurance coverage or granted less than you deserve. Depending on the circumstances, a personal injury lawyer will fight for your rights and explore alternatives. Reasons for ineligibility include:

Avoidable accident or case not reported on time: A person may be denied an insurance claim compensation if the accident was avoidable and nothing was done to prevent. Also, there are rules for reporting a car accident. An accident not reported within the specified timeframe could also cause a claim to be denied. To be eligible for claims, accidents have to be reported as soon as possible.

Delay in Medical Treatment: Injuries from a car accident require medical attention right away. This can save and help the injured to recover quickly. Failure to get medical treatment right after an accident may lead to denial of a claim altogether. The insurer may say your injuries were not as a result of the accident, due to a pre-existing condition, not as severe as claimed, or that they did not exist!

Insufficient Insurance Coverage: Car accidents that cause serious injuries typically result in costly damages that may exceed the insurance policy of the at-fault driver. Insurance claims can be denied for damages that exceed the coverage limits of the policy or due to the policy not including the applicable coverage.

Violation of State Law of Negligent Driving: If the law was broken due to negligent driving, the insurance company may deny a claim. The actions that can make one ineligible for claims include: driving under the influence of alcohol or drugs, driving without a driver’s license, driving without car insurance, or involvement in an accident believed to be avoidable.

If you have been in a car accident, it is best to consult with an expert to discuss what is possible for you to claim, given these considerations on legality, compensation, and eligibility. For those seeking an auto accident attorney in Poway, we highly recommend consulting with Villasenor Personal Injury Law Offices.

Villasenor Law Offices
12396 World Trade Dr, San Diego, CA 92128