Legal Guide to Single Vehicle Accidents – Who is Liable?

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Kimberly Dawn Neumann

When it comes to car accidents, most people think of collisions between two or more vehicles. But sometimes a car accident only involves one driver — or what the legal world calls a single-vehicle accident.

Interestingly, there are actually more fatalities nationwide from single-vehicle accidents (22,573) each year than multi-car pileups (19,941). But what happens in a single-vehicle accident? Is the driver always at-fault and responsible for their own repairs and medical bills?

As with all forms of car accidents, there are always exceptions. There are situations where even though only one driver ends up crashing, another party may be responsible.

Keep reading to find out what causes single-vehicle accidents, how to manage them and when you need an auto accident lawyer.

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What is a Single Car Accident?

Just as it sounds, a single-vehicle accident is a crash that causes damage to one vehicle or party. It may be a collision between one motor vehicle and another object, but not another car.

In other words, if a car hits a tree, stoplight, road sign, building, or road debris it’s a single-vehicle accident. It might also be a situation where something causes one car to flip and rollover.

Sometimes another driver may be the reason for a crash, driving recklessly and causing you to swerve away. In that scenario, there’s a clear demonstration of negligence that may help with your claim. But, unless there is damage to two or more parties, it’s still a single-vehicle accident.

Common Causes of Single Vehicle Accidents

There are many things that may precipitate a single-vehicle accident, but some common causes include:

  • Inclement weather and poor road conditions
  • Aggressive driving
  • Alcohol or drug use
  • Distracted or drowsy driving (e.g. texting while behind the wheel)
  • Hitting an animal
  • Mechanical failure/defective automobile parts
  • Road debris
  • Swerving to miss another vehicle or pedestrian

All of the above may force a driver off the road or into an immovable object. Such an action would clearly lead to serious vehicular damage and personal injury.

It may also warrant property damage claims if the vehicle strikes roadside objects like fences or buildings. The driver’s responsibility for paying for such related expenses depends on the reason for the accident.

What to Do After a Single Car Accident

The procedure to follow after a one-car accident is the same as it would be if other vehicles were in the mix.

First, stop at the scene. Even if you’re the only car, if you hit someone else’s property, it could be a version of a hit-and-run. If you’re impeding traffic, however, it’s okay to move to the side of the road to avoid further collisions.

Realize that you may have injuries that aren’t readily apparent to you at first, especially if you’re in shock. As such, it’s a good idea to call 911 if you think you may need medical assistance in any way.

Calling the police is a wise decision, especially if there was an external force you believe led to the accident. You’ll want a police report for your insurance company and attorney to use as an objective form of evidence for your claim.

If another driver, a flying object, or mechanical failure caused your accident, you want as much evidence as you can get.

While waiting for help to arrive, if you’re not hurt, take photos of the damage, surrounding areas, and traffic signage. If there are any witnesses, talk to them for details and ask for their contact info if possible.

Also, make a note of where the single-vehicle crash took place. Vehicle specialists from your insurance company can determine fault by analyzing track marks and other articles of evidence on the accident.

Make sure not to say anything incriminating after a car wreck, even if you’re the only vehicle! Apologizing may work against you in settlement negotiations, so keep all interactions with bystanders and law enforcement facts only.

Do You Have to Report a One Car Accident?

Generally, the rules for reporting car accidents to the authorities vary by state law. Typically, if there are injuries or property damage over $1,000, reporting is a requirement in most states.

State car accident laws don’t differentiate between the common types of car accidents as a stipulation for reporting. So, it’s best to default on the side of calling the police if you suspect large amounts of property damage.

Leaving the Scene in a Single Car Accident

Hit-and-runs may extend to parked vehicles or other persons or objects, so you never want to flee the scene. State traffic laws likely require stopping and reporting it to authorities or property owners. Failure to do so may result in hit-and-run charges.

If you call 911 and law enforcement, it’s still important to personally consider the cause of your crash while onsite. Try to determine if there’s any outside liability before leaving the scene.

Who’s At-Fault in a Single Car Accident?

Determining fault in a single-car accident can be difficult. But one thing is for certain, it’s not always simply because of the driver. Frequently, there may be other factors that bear responsibility for setting off the chain of events leading to a crash.

However, if there’s proof a crash results from someone else’s negligence or a vehicle defect, you may have a claim.

In that case, you’ll work to show the blame lies elsewhere so you have a right to request damages. A skilled auto accident attorney may be necessary to help you prove the burden of proof to a judge or jury.

Government Entities

When public roads or traffic signals aren’t maintained, drivers may hold the government accountable for their negligence in maintaining government property.

In other words, let’s say a pothole, mismanaged road construction area, or malfunctioning stoplight causes your single-vehicle accident. It may be possible to sue the city, county, or other government entity responsible for the lack of maintenance of these public areas.

That being said, these cases are not always straightforward or easy to win. But it is possible if you have direct proof that this was the reason for your single-car accident.

If you sue a government entity, the statute of limitations to file your lawsuit is shorter than most civil claims. Oftentimes you must file your claim within 6 months after your single car accident for compensation.

You may need a car accident attorney if you plan to sue the government for your injuries. Make sure to file your claim as soon as possible to ensure your case isn’t barred by the courts.

Car Manufacturers

If a defective part caused your single-vehicle collision, you can file a product liability lawsuit against the car manufacturer to recover damages.

For defective product lawsuits involving strict liability, you may not need to prove negligence if dysfunctionality is apparent. Car parts like brakes, steering, or seat belts fall under strict liability due to their duty to protect the driver in the event of a crash. If they’re not working as intended, you can hold the car manufacturer liable.

You may also claim that the defective product failed within warranty, failing to meet minimum standards of quality. A class action lawsuit related to your defective product may already exist, already covering small-damage claims from your accident.

If you sustained serious car accident injuries or if your circumstances are different than other class members, you may want to file a separate civil claim.

What Happens if You’re At-Fault for a Single Car Accident

A driver is at-fault for a single-vehicle accident when their actions are the proximate cause of their crash. In layman’s terms, that means they’re responsible for the events that lead to the crash.

Any driver in violation of traffic laws will also likely be at-fault for resultant single-car accidents. If you’re speeding or driving recklessly and lose control of the car, you may be to blame for your losses.

If you’re the one bearing responsibility for a single-vehicle accident, then you may have to pay for your damages. In some cases, like drunk driving, that might include criminal charges, but this also means financial losses.

For most drivers, that means they will need to file a claim with their insurance. Whether your insurance company covers your damages if you’re at-fault, however, depends on your insurance policy.

Filing an Insurance Claim for a Single Vehicle Accident

Car insurance becomes a major player when it comes to payouts for single-vehicle accidents.

If you have a comprehensive insurance policy, it will likely cover damages to your vehicle regardless of fault. However, this is usually optional coverage, so not all drivers have these policies.

Collision coverage or liability insurance may or may not fully cover damages if you’re at-fault.

Once again some of this depends on where you live. In no-fault insurance states, you’ll first need to file a claim with your insurance company, regardless of fault. If you have personal injury protection (PIP) and collision coverage, your insurer may cover economic damages like repairs and medical bills.

But in at-fault states, filing an insurance claim is more complicated and you may find your insurance company trying to lowball or nullify your settlement.

That’s why it’s crucial for an attorney to check the specifics of your insurance policy. They can help you fight for a reasonable compensation amount and negotiate with your insurance provider in your stead.

Does a Single Car Accident Raise Your Insurance?

Unfortunately, yes, a single-vehicle accident may increase your insurance premiums if they perceive you to be a high risk to insure. But don’t panic, the exact increase of your car insurance premium will depend on a host of factors.

Most insurers consider the following when determining your insurance premiums:

  • Driving record
  • Claims history
  • Geographic location
  • In some states, age and gender

The best way to find out if a one-car accident will increase your rate is to ask your insurance provider directly.

Call an Attorney For Your Single Car Accident With LegalASAP

Not only are single-vehicle car accidents common, they’re also tricky to settle. That’s because liability’s hard to determine depending on the scenario and where you live. Not to mention that your own insurance company might question your claim.

These are all reasons why getting an auto accident attorney is the best move you can make after a single-vehicle accident.

Feel free to contact LegalASAP as we’d love to help connect you with a qualified attorney in your area. We have a network of 500+ law firms across the United States ready to assist you, with no upfront costs until you win.

Experiencing a one-car accident may be daunting, but you don’t have to deal with the aftermath alone.

Kimberly Dawn Neumann

Kimberly Dawn Neumann is a multi-published NYC-based magazine and book writer whose work has appeared in a wide variety of publications ranging from Forbes toCosmopolitan. She graduated summa cum laude from the University of Maryland, College of Journalism. For more, visit:www.KDNeumann.com, Instagram @dancerscribe, and Twitter @KimberlyNeumann