It is a common misconception among drivers involved in single vehicle road departure accidents that they cannot recover compensation for their injuries or pursue a wrongful death claim on behalf of a deceased loved one.
This assumption is based on the notion that the driver who was injured must have caused the accident because there is no one else that may be considered the at-fault driver. However, there are other responsible parties that may provide a source for compensation in a car accident claim or lawsuit.
Negligent drivers are the most common cause of serious car accidents, but single vehicle road departure accidents may be caused by other negligent parties, such as:
Defective Vehicle Manufacturers: Motor vehicles with defects like improperly bonded treads, faulty fuel systems, poorly located gas tanks, sudden acceleration defects and other faulty components and systems can malfunction and cause devastating injuries.
Public Agencies Responsible for Roadways: Many times road departure accidents may result from poor roadway design or maintenance. Some examples of roadway deficiencies that may cause single vehicle road departure collisions include the following:
- Dangerous sharp curves
- Missing cement barriers and guardrails
- Roads that permit water to pool
- Lack of warning signs
Road departure accidents are especially dangerous because vehicles frequently rollover when they leave the roadway. Run off the road accidents account for twenty percent of all motor vehicle accidents and 41 percent of all fatalities. When vehicles rollover, there is a high risk of roof crush injuries and vehicle ejections. These types of collisions disproportionately result in traumatic brain injuries, paralysis, loss of limbs, bone crush injuries, spinal cord damage and fatalities.
While there are a wide range of causes of road departure accidents, other common examples include:
- Driver incapacitation
- Drunk driving
- Speeding particularly on curves
- Evasive maneuvering
- Distracted driving
- Wet or icy roads leading to loss of directional control
- Equipment failure (tire blowouts)
- Sometimes another driver actually caused the accident, such as by crossing over into a person’s lane, causing the need for an evasive maneuver. In this circumstance, even if the driver of the other vehicle is unknown, a claim may be brought under a person’s uninured motorist coverage.
Our Atlanta car accident attorneys at Montlick and Associates are available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED® (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
