OpenJurist

When should a collision be litigated?

Not every collision will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' insurance companies. The greater the damage or injury that results from a collision, the more likely it is that a lawsuit will follow.

Most accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence.

At times, litigation will be against a governmental agency which is alleged to have failed to properly design or maintain a roadway or intersection. Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident. A claim might also arise against a mechanic or service center whose work left a vehicle in a hazardous condition.

Anybody who is considering bringing a legal claim as a result of a car accident should note that their ability to pursue their claim will be limited by the statute of limitations of the jurisdiction where the accident occurred.

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