If you’ve recently been injured in a motor vehicle accident that wasn’t your fault, you’re likely wondering if you’re in a strong position to sue. As no two car accidents ever unfold under exactly the same circumstances, there is no “one size fits all” answer that satisfies that question for everyone. The fact that each unique accident must be approached with personalized consideration and care is one of the reasons why it’s important to seek legal guidance in the aftermath of a crash.
With that said, there is a legal “rule of thumb” that can be generally applied to most accidents. Essentially, you’re likely in a strong position to sue another party if that party’s negligence, recklessness or intentionally dangerous conduct directly contributed to the cause(s) of your physical harm.
When are car accidents not legally actionable?
Lawsuits that would have been valid had they been filed soon after an accident occurred may be barred if the state’s statute of limitations has already run. Additionally, lawsuits cannot be filed if there is no one to blame for the harm that a traveler has suffered. For example, if a driver’s vehicle is struck by lightning and slams into a partition as a result, no one can be held legally liable for that lightning strike.
By generally understanding when car accidents are and are not actionable, motor vehicle accident injury victims can become more boldly empowered to seek justice and compensation if they are owed recourse as a result of the harm they’ve suffered. Filing legal action can take courage. However, understanding that you may be entitled to compensation can inspire you to seek legal guidance if and when your rights have been violated.