Assuming someone else was at fault in causing an accident, the question
becomes: Who should you sue? A lot of rain, as we've had recently,
results in a surge in auto accidents, sometimes with serious or fatal
injuries. Obviously, if you were one of the drivers and weren't at
fault, the other driver's insurance should compensate you. But it's
more complex if you were a passenger. Since you weren't the driver,
it's improbable that you caused the wreck. However, one or more other
people may have been the culprits.
After an accident, the evidence has to be collected quickly before it vanishes.
Then, it has to be analyzed carefully to determine who the claim or claims
should be against. In a single car wreck, say as a result of driving too
fast in the rain, hydroplaning, and running off the road and into a tree,
it's clear. Your driver was at fault for causing your injuries.
But is it possible that both drivers in a two car collision were at fault?
Yes, of course. Here's an example. One veers across the center line
of a highway and crashes into another car that was being driven well above
the speed limit. Both drivers are at fault for contributing to the injuries.
The first violated the other driver's right of way, and the second
one's excessive speed eliminated the possibility of his avoiding the
wreck and actually caused more damage.
When determining who injury claims should be made against, other possibilities
are often overlooked. Maybe your vehicle's manufacturer should be
considered. I've had many a valid claim against them for defects they
created that caused death and severe injuries. Defective door latch design,
poor seat belt geometry, and GM's ignition switches come to mind.
Road construction companies that fail to mark hazards and governmental
agencies that fail to maintain their roads in safe condition round out
most of the cast of potential characters. Safe travels.