The crash is over. The injuries are serious. Which driver is at fault? Is there adequate insurance or assets of the at-fault driver?

The Widened Investigation

In a case involving serious injury and minimal insurance coverage, the investigation of a crash widens to include the drivers, the vehicles, the roadway, and the environment. It considers the characteristics and history of each component in order to get a more complete picture of all the potential crash causes.

The driver of Vehicle 1, for example, may have been speeding and weaving in the mile he traveled before the collision. Had this happened to him before? Was his boss aware of this tendency? Did he suffer from a diabetic condition that was poorly controlled? Did his physician fail to instruct him in proper diabetic monitoring? In other words, are there causes of this collision that led to an unsafe driver being allowed behind the wheel?

Similarly, the vehicles themselves deserve scrutiny. Defective vehicle design, for example, has been known not only to cause the original collision but often to worsen or enhance the injuries that occur. The recall campaigns of automobile manufacturers illustrate the fact that defective vehicles are on the highway in the millions and that their involvement in crashes is a frequent occurrence.

The defect need not be as dramatic as the fuel tank design that causes post-collision fires. It can be as small as the computer chip that misinterprets pressure on the accelerator (yes, they have computer chips everywhere). Or, it can be the seatbelt that fails to restrain the passenger. And even though it may be an item purchased separately by a parent, did the child restraint seat fail to prevent injury to its precious occupant?

Another obvious element of a motor vehicle crash is the highway itself. Was the highway safe for the traffic it was intended to carry? Was the signage appropriate to inform and guide the motorists? The road surface and the shoulder of the highway are also elements that have been known to cause crashes. For example, the shoulder of the road is intended to provide a recovery zone for a driver who has, for any number of reasons, briefly left the lanes of travel. When the shoulder is poorly maintained the recovery zone is eliminated and a road hazard substituted in its place.

These comments are intended to be illustrations of the broader investigation and analysis that can be accomplished when the financial recovery for a catastrophic or serious injury would otherwise be inadequate. At Ward & Caggiano, P. A, we consider all avenues of recovery and seek to obtain the highest monetary settlement or jury award for our clients. Time can be critical, do NOT delay in contacting us online or call 407-244-1212 for your Free No Obligation Consultation.