car-crash
Insurance

Seeking out Legal Representation after a Car Accident

In
the year 2008, 363 people in Massachusetts lost their lives in car
accidents.  In the cases where the
safety of the car being driven factors into the fatality the manufacturer could
be liable.  In the instances where this
might be the case it is important to consider the possible legal recourse.  Below are some examples of lawsuits against
major car manufacturers.
The Ford Pinto

In the case of the Ford
Pinto lawsuit it is important to note that the car manufacturer knew of the
fact that the car would likely explode in some collisions.  Despite this knowledge the company sold the
car because they believed that the cost of settling wrongful death lawsuits
would be less than the cost of making the car safe.  Ford estimated that the cost of repairing the
model overall to be $137 million as opposed to the cost of $49.5 million for
injuries and deaths suffered as a result of the car being released as-is.

Holmes v. State Farm

In this instance, an experienced Car
Accident Lawyer sought damages from the insurance company of the vehicle
that struck his from behind.  In this
particular case Mr. Holmes had an expert witness testify on his behalf that he
had suffered from TMJ as a result of the accident.  State Farm offered no expert witness
testimony to the contrary, and as a result the jury was swayed in his
favor.

While one of the previous cases focuses on the manufacturer, the other takes a
look at whether or not an insurance company is liable for compensation as a
result of a policy holder being found at fault in an automobile accident.  Both of these sets of circumstances should be
evaluated by an attorney to determine if a potential plaintiff has a case.

If an injury is sustained by either the driver or the passenger of a car that
has experienced an accident it is possible to collect damages.  When the party at fault happens to be
uninsured their own assets will be at stake since they cannot fall back on
their insurance policy.  In some instances
it can be necessary to go after one’s own insurance company when the driver at
fault is unavailable for legal action.

In many instances the insurance companies will issue compensation to the party
who was not at fault.  Instances which
are not ‘clear cut’ though can require someone to prove the liability in court
in order to receive compensation.  This
is true of everything from medical bills to the cost of a rental car until
their car has either been repaired or replaced.
Instances where someone is sharing fault for an accident they may not
receive any compensation at all.  In fact
shared responsibility for an accident can result in having to face the costs of
the accident in addition to a higher insurance premium.  In either case an attorney can appeal the
ruling and seek out compensation from the other driver and/or insurance
companies.