Recovering Compensation after a Devastating Traffic Crash
The Green Bay Press Gazette has reported that three Shawano County teens recently died when the car they were riding in crashed. An accident investigation suggests that the teens' car, which was traveling on Wisconsin 22, swerved to evade another car that was attempting to turn left into a driveway. The driver, who survived the crash, lost control and drove straight into the path of an oncoming SUV. The driver of the SUV received non-life threatening injuries as a result of the devastating car crash.
This crash is extremely tragic, and led to the deaths of three teens, as well as serious injuries for the teen driver. Depending on who was at fault for the accident, the injured parties or the representatives of the deceased could initiate a personal injury suit to recover compensation.
Difficulties in Recovering Compensation
Generally, a driver is responsible for compensation when he or she injures others due to negligent or careless driving. In some cases, determining negligence may seem more clear than in other cases, such as when a driver does one or more of the following that results in an accident:
Speeds or disobeys traffic laws;
Drives under the influence of alcohol or drugs;
Texts while driving or uses a phone while driving; and/or
Is otherwise distracted while driving.
However, it may be more difficult to recover compensation from a driver where it is not clear that he or she was driving carelessly. For instance, suppose the following:
There are no witnesses to the crash;
There are multiple drivers involved in the accident; and/or
The car suffered a mechanical failure.
In the recent Shawano County situation described above, it could be determined that multiple parties were responsible for the crash. If the teen driving the car was traveling too fast, and thus could not stop in time to miss the car turning into the driveway, some of the liability for the accident may rest on his shoulders. Alternatively, if it is determined that a brake failure led to the ensuing wreck, then liability could be imposed upon the manufacturer or distributor of the car. Although it may be difficult to demonstrate that the driver of the SUV was negligent, it could be possible to show that she was distracted at the time, and thus failed to avoid the oncoming car. An experienced accident attorney can examine the specifics of the case to help determine who was ultimately at fault.
Contact an Experienced Wisconsin Car Accident Lawyer
No two car accidents are the same and any number of factors can make recovering compensation for injuries difficult. Therefore, it is important to consult with an Appleton personal injury attorney or a Green Bay personal injury attorney immediately following an accident. At Herrling Clark Law Firm Ltd., we are experienced in helping those injured by careless drivers recover the compensation to which they are entitled. We will work to help you discover, preserve, collect, and present the evidence necessary to hold careless drivers accountable. We have offices in Green Bay, New London, Oshkosh and Appleton. Call today to schedule a consultation.