News

Home / News / Filing a Claim When Another Driver Isn’t at Fault

Filing a Claim When Another Driver Isn’t at Fault

General Automobile Accidents Construction Accidents Motorcycle Accidents Personal Injury Trucking Accidents  

Sometimes it’s easy to know who to point fingers at in the aftermath of an accident. In some cases, however, driver negligence isn’t a factor in an accident. There are actually countless cases in which the factors that caused the accident were outside the drivers’ control. So when the other driver is not the cause, how do you go about getting compensation for any injuries you sustained or damages to your vehicle?

When no one is at fault for the accident, the drivers involved have to explore other potential causes for the accident in order to make a claim—some of the most common causes of accidents outside driver negligence are vehicle defects, negligent repair and maintenance of the vehicle(s), road defects, and obstructions in the road. 

  • Defective Vehicles

    When a vehicle or part of a vehicle is “defective,” it’s considered unreasonably dangerous for regular, intended use. The staples of a car—i.e. the brakes, the steering wheel, the tires, and so on—are components you need and assume will work every time you go out for a drive. Especially if you’ve done everything on your end to ensure that your car has been properly maintained. 

    However, vehicular defects are surprisingly common—all parts of a vehicle have potential to be defective and, in the case of an accident, individuals can pursue compensation from the manufacturer and other companies involved in the construction of the car.
     
  • Negligent Repair

    If a maintenance or repair shop gave poor or negligent service that was ultimately connected to the accident, it’s possible to seek compensation from them as well. Just like everyone else, mechanics are prone to mistakes and both dealerships and independent repair shops can be held liable if someone didn’t fix up your vehicle properly. Unlike with car defects that are subject to being a “strict liability,” average negligence standards apply to mistakes from repair and maintenance visits.
     
  • Road Defects

    Maybe nothing’s wrong with the vehicles that crashed. Maybe the road conditions were to blame. Some conditions can’t be controlled, be it weather or an animal darting out, but some road conditions can definitely be to blame for an accident, including poor maintenance, bad road design, lack of lighting or signs, and more that pose serious dangers to unsuspecting drivers. Claims for road defects usually go against government entities and are limited by special rules and restrictions. 
     
  • Road Obstructions

    Hazardous objects or downed foliage left in the roadway or obscuring signs along the road can cause serious accidents as well. Trucks that neglect to secure their cargo and landowners who let their property become unruly and overgrown along with other third parties in some cases can be held liable for accidents that occur because they have allowed road obstructions in their negligence.

Consulting experienced accident attorneys after an accident is always your best plan of action—when the at-fault party isn’t clear or when no driver involved is to blame, the case gets more complex and an attorney becomes necessary. If you’ve been the victim of an accident, contact the attorneys at Boughter Sinak, LLC for a free evaluation. We’ll go above and beyond to get you the compensation you deserve.

5 Pieces of Evidence to Strengthen Your Truck Accident Case

Being in a truck accident has the potential for some of the most catastrophic results of any roadway collision. If you were in an accident and are sure there’s fault somewhere in either the truck driver or the company they work for, you may be looking for guidance on how to build your case or some starting points at least for what your next steps should be. Your first step and best bet is to find and hire an attorney to work with on your case. Despite your attorney knowing what they’re...

Read More

10 Common Mistakes in Personal Injury Cases

Personal injury cases are tricky—proving pain and suffering alongside whatever parts of the injury are physically visible requires an experienced attorney and a strongly built case. Even the slightest unintentional error can affect your case’s progression and overall success, which makes every conversation with another attorney or insurance adjuster crucial. Even a post carelessly made to Facebook about the accident could be the difference between a win or a loss for your case. Below, we’ve...

Read More

Don’t be strong armed by an insurance company,
Put a fighter on your side and get the results you deserve.


Call Toll Free: 1-877-962-4373