If you or someone you love gets hurt in an automobile accident due to someone else’s negligence, you can file a lawsuit for compensation. However, there’s a question that most people probably haven’t ever thought about: what kind of lawsuit?
Take, for example, the recent tragic story of the McCormicks. A few weeks ago they were driving in the Orlando area when a BMW driver barreled over the median and flipped on top of their pickup. Two of the McCormicks – 69-year-old Linda and 13-year-old Dylan – died from their injuries. Two others – 74-year-old Carl and 73-year-old Teddy – were left in critical condition.
The simple fact that two of the victims died and two remain alive opens the possibility for two different kinds of claims. Carl and Teddy can file auto accident personal injury claims. However, if the surviving family members of Linda and Dylan want compensation for their loss, they would need to file wrongful death claims.
Why is it important to know about the different types of injury lawsuits? Because both have unique characteristics, and both are handled differently under Florida law.
So if a loved one dies because of another’s negligence, you want a lawyer with success handling wrongful death car crash cases. If the situation involves you or a loved one getting injured by another driver while you are in a car, an auto accident attorney’s skills are called for.
These examples are just the beginning. Below are three lesser-known injury cases.
3 Lesser-Known Kinds of Injury Claims Caused by Auto Accidents
Bicycle accident suits.
If a car hits a cyclist, slightly different rules apply than if they had hit someone in another motor vehicle. Was the bicycle riding in the road? If so, were they obeying traffic laws? Were they wearing proper safety equipment?
These are the types of things that the defense is going to bring up to damage your case. If, for example, you were not wearing a helmet, they may attempt to argue that your negligence in your own safety contributed to the injuries that you suffered.
Pedestrian accident suits.
A car hitting a pedestrian is almost always devastating, because there is nothing to protect the person walking. However, despite the fact that people in automobiles are supposed to yield to pedestrians and give them the right of way, there are situations in which pedestrians can be deemed partially or even completely responsible.
In many ways, these types of cases are similar to bicycle accident suits, though they, too, have unique differences.
Defective product suits.
When car crashes occur, most of the time, they are due to driver error. However, in some cases, accidents happen due to mechanical defects. If a part was manufactured incorrectly, it may be possible to sue the maker of the part. In some cases, if an inspection was missed or falsified, or if a mechanic did shoddy work, those people or entities can be held responsible.
Defective product suits involve both proving that the accident occurred due to the defective nature of the product, that the defendant named in the lawsuit was responsible for that defect, and that this constitutes negligence.
The bottom line is that every auto injury is unique. You need to make sure that you are choosing a Florida personal injury lawyer with a track record of success handling cases with circumstances that are similar to the ones involving you.
About the Author:
John K. Lawlor, a South Florida personal injury attorney who focuses his practice on complex personal injury, wrongful death, and professional malpractice, founded the law firm of Lawlor, White & Murphey in 1998. Since 1995, Mr. Lawlor’s trial advocacy and litigation skills, as well as his wide-ranging legal expertise, have provided plaintiffs and their families with a distinct advantage when seeking financial compensation and justice for injuries caused by the negligence of others. Mr. Lawlor is an EAGLE member of the Florida Bar Association and an active member of the American Association for Justice, the Broward County Justice Association, the American Civil Liberties Union (ACLU), and several professional associations.