Why Are Auto Accident Cases Easier to Win Than Other Cases?
Injury cases can arise in all different forms. Let your imagination consider all of the various ways a person could be injured. Unfortunately, the opportunity for serious injury is out there and woefully common.
In Virginia, if the injury is the fault of another party, there is always the prospect of taking legal action. The success of that legal action, however, depends on the nature of the accident and the cause.
In this day and age, the most common type of accident is a motor vehicle collision. Auto accident cases are the ones which seem to be most sought after by attorneys followed by slip and fall cases and dog bite cases. (Work-related injuries and product liability cases are two separate categories which may be considered elsewhere). What accounts for the relative ease of motor vehicle accident cases versus slip and fall cases? The main difference has to do with clear “rules of the road.” All licensed drivers know that those rules control our every action on the road: yielding the right-of-way, stopping at stop signs, following at a safe distance and maintaining a proper speed are all basic knowledge for any licensed driver. If any of these rules are broken, a serious injury can take place, and we all intuitively know that fault is easy to assign; if the accident is a “rear-ender,” common sense dictates that one driver may have been following too close or speeding.
In so-called “premises liability” cases involving slip and falls, the “fault” is much less obvious. Property owners are required to maintain their premises free from defects and are to warn of any known defects, but “only reasonable care” is required. Unlike motor vehicle cases, what is “ordinary” or reasonable care may change from case to case. The even so-called “easy cases” may have a lot on the line. While clear fault may have been established, what is the fair amount of compensation that must be paid? How does insurance factor into this? What, if any, expenses must be paid back as a part of any settlement? In injury cases --- whether clear cut or not – consultation with a competent injury attorney is always a good idea.