Single Vehicle Accidents When Someone Other Than the Driver is at Fault

In collisions involving cars, trucks, motorcycles, and other vehicles, it makes sense that the accident was likely caused by one of the drivers. If a crash involves only one vehicle, such as when a car hits a telephone pole, the driver is usually held to blame for causing the collision.

Sometimes, however, it is not the driver’s fault. There are many factors that can cause a single car, truck, or motorcycle to crash despite the driver’s best efforts to avoid the collision.

If you’ve been involved in that type of crash, an attorney may be able to help you recover compensation from the party who was responsible for causing the accident. However, these cases can be difficult to prove, particularly in North Carolina, so it is important to begin collecting evidence as soon as possible.

Common Injuries and Property Damage in Single Vehicle Accidents

When determining the steps to take after a single-vehicle accident, it is important to consider the injuries and property damage that occurred. This will vary widely depending on the details of the situation. If someone hits a telephone pole while driving a heavy truck at a very low speed, they may not suffer more than minor whiplash and a few bruises. But if someone hits the same telephone pole while riding a motorcycle at a higher speed, the impact could cause life-threatening injuries or immediate death.

Some of the most common injuries in single-vehicle accidents include:

• Traumatic brain injuries and other injuries to the head
• Spine and neck injuries
• Damage to internal organs
• Fractured and crushed bones
• Injuries to soft tissue in the neck, such as tears in tendons, ligaments, and muscles
• Chest injuries
• PTSD and other psychological trauma

Even in a low-speed collision, the force of impact can cause sufficient damage to a car that the cost of repairs exceeds the vehicle’s market value, and it is totaled. A car may appear to have only minor front-end damage and still be drivable, but if the frame is bent, the vehicle is not safe and would probably need to be replaced rather than repaired.

Establishing Liability for a Single Vehicle Crash

Determining who is responsible for a single-vehicle wreck can require intensive investigation and consultations with engineers and other experts. If the damage resulting from the accident would cost less than $10,000 to repair and there are no significant injuries, then an attorney may not be able to invest the resources necessary to assess fault and definitively establish liability. The injured driver or owner of the damaged vehicle may be able to seek compensation through court-sponsored mediation or other means.

When there are serious injuries or extensive damage to vehicles or other property, a knowledgeable attorney may be able to invest the time and resources in an investigation. It will be essential to determine whose actions caused the collision and the resulting injuries or damage. 

It is helpful to begin gathering and preserving evidence as soon as possible after the accident. This could include preserving footage from traffic or security cameras, taking detailed photos of the accident scene and vehicle damage, and getting statements from witnesses. In addition, it is vital that anyone injured in the collision receive a thorough medical exam as soon as possible after the crash to help prove that the injuries are the result of the accident and not another incident.

Situations Where Another Person May Be Responsible for a Single Vehicle Accident

It is surprising how often single-vehicle accidents are caused by someone who wasn’t driving and may not even have been at the scene. When someone does something that sets a chain of events in motion, causing the accident, and their action is irresponsible and foreseeable to cause a collision, that person can be held liable for the injuries and damage resulting from the accident.

Some examples of situations where an outside party could be liable for a single-vehicle accident would be:

• A driver coming toward you recklessly crosses the line into your lane, forcing you to swerve to the side to avoid a head-on collision.
• The company that loaded cargo onto a flatbed truck failed to secure it properly, causing items to spill onto the road. The debris causes you to lose control of your motorcycle and fall.
• The mechanic that you asked to inspect your brakes did not actually inspect them, so you did not learn that your brakes needed serious repairs. Your brakes failed as a result.
• The owner of a dog allowed the dog to roam off-leash, and it ran into the road. When braking to avoid hitting the dog, you slide into a ditch.
• One of the companies that manufactured parts for your vehicle used substandard materials, leading to equipment failure that prevented you from controlling the vehicle.
• The owner of the property along the road allowed trees and weeds to grow over signs warning of a dangerous curve.

When examining the circumstances leading up to the accident, it may become clear what happened and who was responsible.

Contributory Negligence Rule

One reason it can be so difficult to recover compensation for a single-vehicle accident in North Carolina is that our state follows an ancient rule known as contributory negligence. Under this rule, if someone injured did anything even slightly negligent that contributed to the cause of their injuries, then they are barred from recovering compensation for those injuries.

So if a judge determined that you were not able to avoid hitting the pole because you were driving one mile per hour faster than you should have been, that could be enough to prevent you from receiving compensation for your injuries. It is crucial to work with an experienced attorney who can argue persuasively that your actions did not contribute to your injuries in any way.

Find Out How Martin & Jones Could Work to Secure Your Full Recovery

Every accident involves unique circumstances. That means the only way to tell whether our dedicated legal team can obtain compensation for your injuries and other losses is to talk to us about the specific circumstances of your case. You can schedule a free consultation with us at any time to do just that. To find out what may be possible in your case, call us at 800-662-1234 or contact us online now.