A recent car accident in St. Joseph raises some interesting questions about so-called “faultless crashes.”
Driver’s Medical Emergency Causes Crash: Two Homes Severely Damaged
The incident happened last Thursday morning, October 15, 2020.
According to the initial reports, police believe that the driver had a medical emergency while behind the wheel. The car left Faraon Street and slammed into a building on North Ryans Way.
No one inside the building was hurt. However, the crash caused structural damage to the building, which houses four condominiums. St. Joseph city officials condemned two of the homes in the building.
The driver had to be pulled from the vehicle and was brought to the hospital. It is unclear what the medical emergency was.
Who Pays for a Faultless Crash?
Generally, the person who causes a car accident will be held liable for the damages. This is true, even if the driver only caused the crash through their negligence.
However, there are some situations where no one was acting negligently. One example is if a driver is abiding by all of the rules of the road, but hits a deer. These are often referred to as faultless crashes.
Because no one was technically at fault, no one is liable for the accident. This means that everyone has to cover their own losses. For the vast majority of victims, their insurance coverage will step in and cover the costs of their recovery.
In this case, the driver’s auto insurance would cover the damage to their car. If the people living in the two homes that were condemned were the owners, their homeowner’s insurance would cover the costs of repairing the damage, as well as some of their living expenses, in the meantime. If they rented the condos, their renter’s insurance would cover these interim living expenses and any damage to their personal belongings from the crash.
Accidents Have to Be Truly Faultless
However, accidents have to be really faultless for this to be the case. Some crashes appear to be faultless, but were really caused by someone’s negligence.
For example, in this case, if it comes to light that the driver knew of a preexisting medical condition that made driving unsafe, or if they had been told by a doctor to stay off the road, the very act of driving would be negligent. This would make them liable for the crash.
St. Joseph Car Accident Lawyers at the Smith Law Office
If you have been hurt in a car accident in St. Joseph, Springfield, or Kansas City, a skilled personal injury attorney like those at the Smith Law Office can help you recover the compensation that you need and deserve. This is especially important when the accident appears to be faultless and your insurance company is refusing to fully compensate your losses.
Reach out to the Smith Law Office by calling them at (816) 875-9373 or by contacting them online.