Minivan car accidents happen for many of the same reasons as any car accidents. High speeds, distracted driving, faulty machinery, and inclement weather are all factors in accidents that involved minivans. However, minivans are larger than regular passenger vehicles and this creates some extra risks that drivers and passengers need to be aware of.
The longer shape of minivans creates increased bulk for the driver to safeguard when backing up or turning around. Increased momentum can build around the minivan because of the extra weight of the vehicle. This can make it harder to stop quickly or turn sharply if necessary to avoid an accident.
Victims of a minivan car accident can consider a number of different legal strategies to recover damages. Negligence is a common claim in automobile torts. The victim needs to prove that the other driver did not exercise reasonable care to prevent the accident in order to collect damages. If the other drive was driving too fast, taking a turn too quickly, moving into a blind spot, or recklessly backing up the minivan, the victim might be able to prove negligence in order to recover damages.
In order to prove negligence in a car accident lawsuit, the plaintiff must prove that the defendant owed a duty of care. Any driver of a vehicle owes a duty of care to other individuals and vehicles on the road. Next, the plaintiff must prove that the defendant breached that duty with his or her actions, and the result was the damage to property or personal injury.
People who have been hurt in minivan accidents can receive monetary damages if they can prove the driver was negligent. Monetary damages can cover hospital bills, ambulance rides, pain and suffering, lost work, and lost income as a result of the accident. If there was alcohol involved as a cause of the accident, the driver may also be charged with a DUI. This would start a separate criminal proceeding for the driver.
Accident victims need to be compensated for lost work, the high cost of medical care, and the trauma they endured as a result of the accident. A personal injury lawyer is essential to making your best case during settlement negotiations or during a trial.
Last Modified: 05-17-2016 11:15 AM PDTLaw Library Disclaimer
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