Who is liable for an accident caused by "pooling" water on a highway?
You may have a claim against the government entity (City or State) responsible for road maintenance. If poor drainage or a clogged storm drain caused you to hydroplane, we can hold the government accountable.
How can a lawyer prove the other driver was at fault if it was raining?
We use accident reconstruction experts to analyze tire tread and braking distance. Drivers have a “duty of care” to slow down in the rain; if they didn’t, their “low visibility” excuse won’t protect them from liability.
What are my legal options after a hit-and-run accident?
After a hit-and-run, your primary source of recovery is your own auto insurance policy. If you have Uninsured Motorist (UM) coverage, it is designed to cover your medical bills, lost wages, and pain and suffering in this exact scenario. If you have collision coverage, it will cover the damage to your vehicle. At Karns & Karns, our investigation team is often able to track down the at-fault driver. Just because the at-fault driver flees the scene does not mean they cannot be found.
Who is typically at fault in a rear-end collision?
In the vast majority of rear-end collisions, there is a legal presumption that the rear driver is at fault. This is based on the principle that every driver has a duty to maintain a safe following distance. However, there are exceptions. If the lead driver suddenly slammed on their brakes for no reason, had broken brake lights, or cut off the rear driver, they could be found partially or fully at fault.
What should I know about T-bone (side-impact) accidents?
T-bone accidents, which most often occur at intersections, frequently result in severe injuries due to the limited protection on the side of a vehicle. Fault almost always comes down to which driver had the right-of-way. At Karns & Karns, our investigation of a T-bone crash focuses on securing evidence like traffic light signal data, surveillance video from nearby businesses, and testimony from witnesses to prove the other driver failed to yield.
Who is typically found negligent in an accident involving an illegal or unsafe U-turn?
The driver making the U-turn is almost always at fault because they have the duty to ensure the turn can be made safely without interfering with other traffic. Proving the other driver was speeding can reduce the U-turn driver’s liability but rarely eliminates it.
Who is liable for a car accident caused by debris left on the highway or public road?
Liability can fall on several parties: the driver who lost the debris (if they can be found), the company responsible for securing the load, or the government entity responsible for maintaining and clearing the roadway (requires a Tort Claim notice).
Does the absence of a traffic citation prevent a plaintiff from winning a civil personal injury lawsuit?
No. A police officer’s decision not to issue a ticket is independent of a civil negligence finding. Your attorney’s evidence (witnesses, photos, data) is what proves negligence, which requires a much lower burden of proof than a traffic violation.
What is the 'act of God' defense and how can a personal injury lawyer overcome it?
The defense of unavoidable accident (or “Act of God”) is used to argue that the crash was caused by an unforeseeable event (e.g., sudden medical emergency, freak weather). A lawyer overcomes this by proving the driver could have taken preventative steps.
How is liability determined when a driver runs a stop sign or fails to yield the right-of-way?
Liability in these crashes is generally straightforward. The driver who failed to obey the traffic signal or yield the legally designated right-of-way is negligent. The case hinges on securing and using traffic light sequencing data or witness testimony.
What if the other driver was uninsured or underinsured?
If the at-fault driver is uninsured or has insurance limits too low to cover your damages, your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes essential. This is an optional but critical part of your own insurance policy that you make a claim against. If you do not have this coverage, it becomes very difficult to recover damages unless the at-fault driver has significant personal assets.