Recent fatal Oakland car crash brings up questions of liability, damages
On February 4, a woman was killed in the Fruitvale district of Oakland when her Jeep collided head-on with another vehicle and flipped. The woman was pronounced dead at the scene, and the other driver was taken to the hospital with unknown injuries.
According to police, the woman driving the Jeep appeared to have swerved to avoid hitting something in the road, and in doing so veered into oncoming traffic. The authorities are not yet sure what she was trying to avoid.
Deaths and injuries caused by car accidents are always tragic. While the human toll is immeasurable, there are many costs of any car accident that can be more easily determined. In addition to being deprived of her companionship, the family of the woman who was killed in the recent Oakland crash will have to deal with funeral expenses and the costs of going without her earnings. Along with personal pain and suffering, the driver of the other vehicle who was injured will have to face medical bills and the loss of wages while recovering.
For many of the costs associated with a car accident, victims or their families may be able to recover monetary damages through legal action. A personal injury action or wrongful death suit can hold those responsible for the accident accountable, and can also secure much needed compensation for victims and their families.
Fault, amount of compensation important considerations in car crash cases
Fault is an important concept in motor vehicle crashes. The driver who caused the accident – or, in many cases, his or her insurer – carries the liability and can be forced to pay damages to those injured in the crash.
But what about accidents that are not the fault of a driver? For example, in the recent Oakland accident, imagine that police discover that the woman in the Jeep was swerving to avoid an obvious and dangerous condition of the roadway and it could be shown that this was the cause of the accident. Under these circumstances, if the entity responsible for creating the dangerous condition of the roadway was on notice of the condition, it could be responsible for the resulting death and injuries.
Even in accidents that were caused solely by driver error, showing fault can be difficult. What’s more, proving fault is just one aspect of a potentially complicated car accident case.
Often, the primary issue in a car accident case is damages. How much should victims be entitled to recover for the damages they’ve suffered? Naturally, insurers want to minimize the amount they pay out. They may hope to settle with a low initial offer. To ensure that you recover the full amount to which you are entitled, it is important to consult with an experienced injury attorney before accepting any settlement offers.
An attorney can help you collect full compensation so you can get back to your life
Insurance companies are well-versed in settling accident claims as cheaply as possible. They may try to settle with you early, before the full extent of your damages is clear and before you have retained an attorney. Be extremely cautious when faced with these tactics, and wait to speak with an attorney before signing or agreeing to anything.
Being injured in a car crash or losing a loved one to a car accident is never easy. You can make this tough time a little less painful by recovering the full compensation you deserve. Contact an Oakland auto accident attorney to begin building your case.