Personal Injury Cases: Moving on to Better Things

Is Anyone At Fault After An Accident Involving An Animal?

When an animal jumps out in front of a motorist and the driver then needs to make an emergency maneuver to avoid an accident, you might wonder who is at fault for the accident. In many cases, the driver operating the vehicle may still be held responsible if they do not show due care when responding to the accident.

Is the Animal at Fault?

In some cases, the animal is the only party that caused the accident and you will not be entitled to compensation. Instead, you will need to turn to your auto insurance provider to pay for the damage done to your vehicle or will need to pay for the damages out-of-pocket. If you are injured, you will need to turn to a health insurance provider. 

Could Another Driver Be At Fault?

When a driver swerves to avoid hitting an animal, they might end up being responsible for the accident. For example, if the driver was speeding and was then unable to slow down in time to avoid the animal, they might veer into your lane and strike your vehicle. If this occurs, the act of speeding could lead to the driver being at fault for the accident.

Some drivers make very bad decisions when trying to avoid an animal such as trying to pass in a no-passing lane. Often where drivers avoid hitting animals, they either stop their car in time or swerve to avoid it while still remaining in their lane. Often drivers can avoid going into a different lane when avoiding an animal. Therefore, the act of veering into your lane to avoid the animal is likely an act of negligence on the part of the driver.

Should You Hire a Car Accident Lawyer?

A car accident lawyer can gather evidence from the scene of the accident to find out why the accident occurred and to determine who was at fault. The lawyer can also assist you in calculating the damages you have suffered and can also help you negotiate a settlement with the other party.

Most car accident cases do not go to trial and are instead settled out of court. This is because a car accident legal case can be very expensive and time-consuming. However, settling out of court can backfire if you are not working with a car accident attorney because you may accept a settlement that is much lower than your case should be worth.