Don't be embarrassed about hitting that cow

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There is a kind of auto accident that is sometimes hard to ascribe to negligence. We are speaking of the single car accident - a crash in which you are injured

You can think of many situations in which the driver appears to bear responsibility for the accident and injury:

  • A car crashes into a tree.
  • A car strikes a cow.
  • A car drives into a railing.
  • A car drives into a culvert.

These are almost comically embarrassing situations, until you consider what actually happened.

  • The reason the car crashed into the tree was because another driver - perhaps unaware of doing so -- forced him off the road. This is known as the phantom accident. The other driver caused the accident, but sped away, oblivious.
  • The car struck the cow because the owner of the cow let it wander onto the highway.
  • The car drove into the railing because a lumberyard truck dropped a ton of 4x4s onto the highway.
  • The car left the highway because the brakes failed, and the driver was unable to control the car.

You see the pattern. To judge a single car accident, you need to understand the context in which they occurred.

It wasn't your fault, or the cow's.

Sometimes the fault is yours

Many single car accidents are not compensable. If you are driving drunk and hit a tree, you shouldn't expect the insurance company to write you a check.

But many other accidents are clearly compensable, once you understand the story. When tires blow out unexpectedly, there may be a flaw in the tire's tread, there from the moment it was manufactured. Your tire company should not have mounted it on your wheel.

When there is a pothole the size of Rhode Island, a pothole the highway department was well aware of, but didn't get around to filling, and you veered to avoid it, the municipality or country charged with keeping the road navigable may be at fault.

The phantom accident

One of the hardest cases to prove is the phantom or unavoidable car accident. If you go into a ditch to avoid hitting a car or bicyclist, and they are never see again, it is good to have an eyewitness to vouch for you. Otherwise, good investigative work can often reconstruct what happened on the road that night.

Our message to injured single car accident drivers: don't despair, and don't be ashamed. Call The Gold Law Firm in Memphis and tell us your story. We will leave no stone unturned in establishing that you were the victim in this unfortunate event.

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