The Complications of a Home and Car Crash Injury Lawsuit

A car crashing into a home is a frightening situation that will cause a lot of property damage. Unfortunately, people in the home may be injured by the car. In this scenario, the homeowner should seriously consider a personal injury lawsuit against the driver for their actions.

Drivers who crash into a person's home are almost always considered liable for the accident. Even weather-related influences, such as ice or snow, rarely affect this liability. Many states consider a crash in winter weather to be a case of driving too fast for the conditions simply because the crash occurred. Other pieces of evidence is often not needed.

But if the driver falls asleep at the wheel, arguments may go in a few different directions. First of all, the injured party could argue that the driver was driving unsafely - such as after getting too little sleep for the day - and that their negligence caused the accident. However, the driver may argue that they have a health problem that causes them to fall asleep.

For example, narcolepsy, though rare, may cause a person to crash when they are at the wheel of their car. Some judges may believe that this mitigating factor lets the driver off of the hook. However, other judges may find that the person driving either didn't manage their condition correctly or that they shouldn't drive at all.

A car crash into a house can destroy walls, maim furniture, and make a home unlivable for an extended period. Thankfully, the driver's car insurance may cover a large amount of this damage repair. The exact cash reward will vary depending on the policy's property damage limitations. Some insurance coverage policies may limit payments to a certain amount for a single incident.

When the repair costs are higher than what the driver's insurance will pay, homeowners can turn to their home insurance. However, this situation can become even more confusing if somebody is injured in the accident and needs medical care. While some policies will cover this injury, others will not. In this situation, personal injury lawsuits are needed.

While the liable driver's insurance may cover most of the damage to a person's home, some coverage may fall through the gap. For example, an insurance policy may only cover the damage done to a house and not to the person in the home. This lack of personal liability coverage opens the driver up for a serious lawsuit from the person that they struck.

The fact that the driver's insurance paid for the home repairs can be used against them in a personal injury case. In essence, insurance payments require accepting the liability for the accident. So if a driver uses their insurance to pay for the damage to a house, the plaintiff could use that information to show the court that the driver was responsible.

However, this kind of personal injury case may be complicated if the driver offers cash to the homeowner. If the homeowner accepts this cash payment, the defendant could argue that the payment covered their liability claims. This type of argument is often a slippery slope for the defendant, though, and it may be easy to combat with the help of a professional accident attorney.

Anyone injured when someone drives a car into their home should call Richard D. Hoffman Law Offices right away to set up a consultation appointment. We will work with you to figure out the proper strategy for your lawsuit and fight for your rights.