Minivans have many unique driving elements. Among these are a higher center of gravity and greater instability, as well as a narrow track. A driver who suddenly speeds up or makes a quick lane change could lose control of the minivan. It is more likely for people in a minivan to be injured or killed in a rollover crash. There may also be other victims external to the minivan. Due to its weight and size, a minivan can cause serious injuries to motorcyclists or people in smaller vehicles. If you suffer injuries in this type of crash, the Los Angeles minivan accident lawyers at Sharifi Firm can help you decide whether you have a basis to file a personal injury lawsuit.Claims Based on Minivan Accidents
Minivan accidents can be results of distracted driving, bad weather, speeding, drunk driving, and other factors. However, minivans come with additional risks, to which drivers of them should be alert. These include larger and longer shapes that make it difficult for a driver to account for things in their vicinity when backing up or turning around. The extra weight of a minivan, as with a truck, can make it hard to stop quickly enough or maneuver quickly enough to avoid an accident.
A minivan is often loaded with people. This can mean that the minivan handles differently. People who are injured in an accident can hire a minivan accident attorney in the Los Angeles area to pursue compensation from a driver who negligently caused the accident. This could be the minivan driver, or it could be another driver. To show liability, you will need to prove by a preponderance of the evidence these legal elements: the defendant owed you a duty of reasonable care, and the defendant deviated from that duty, as well as causation and actual damages.
Whether you are suing the driver of a minivan or another driver, you will need to show that the driver in question did not use reasonable care to keep from getting into an accident. Usually, juries will find that a driver breached the duty to use reasonable care when a driver was speeding, weaving, drunk driving, texting while driving, taking a turn at an unsafe speed, or failing to check blind spots, among other examples.
Sometimes the defendant raises the doctrine of comparative negligence. Under the doctrine of comparative negligence, the jury will consider not only the defendant's fault but also your fault. Thus, for example, if a minivan driver takes a curve too fast, but he alleges that you were tailgating him, and you suffer injuries and sue for damages, the jury will evaluate the evidence and arguments and assign both the minivan driver and you a percentage of fault. Your damages will be reduced by an amount equal to your percentage of fault. For example, if the damages are $500,000, and you are found 50% at fault, you would be able to recover $250,000.
It is rare that a passenger inside a minivan would be found at fault for the actions of the driver of the minivan. In some cases, the minivan driver may not have sufficient insurance, however, to account for the kinds of injuries sustained in a minivan accident. It is important to retain a Los Angeles minivan accident attorney who is able to look at other possible sources of compensation. For example, an attorney may be able to hire accident reconstruction experts to determine whether a rollover was caused by a defective design. In that case, it might be possible to hold the manufacturer of the minivan liable for the defective design.
Compensatory damages that you may be able to recover if you can establish another party's liability include both economic and noneconomic losses. These may include pain and suffering, mental anguish, loss of enjoyment of life, medical treatment, lost wages, and replacement services.Retain an Experienced Minivan Accident Lawyer in Los Angeles
If you are injured or a loved one was killed in a minivan accident, it is important to determine what caused the accident. At Sharifi Firm, PLC, our experienced attorneys can provide vigorous legal representation. Contact us at (866) 422-7222 or via our online form. We also represent people in cities such as San Bernardino, Temecula, Rancho Cucamonga, Glendale, Covina, and Riverside.