Determining Liability When a Third Party Causes a Vehicle Accident

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When a car accident happens, it’s often assumed that liability is a driver-versus-driver issue. However, in quite a few cases, there is the issue of third party liability. “Third party” is anyone other than the two drivers. This can complicate the settlement process, as you must first determine who you can sue.

If you’ve been injured in an accident, turn to Reeves & Mestayer for the representation and support you need. Call us at 1-855-558-2977 to set up a free consultation.

What is a Third Party Accident?

A third party accident is one in which liability is either entirely on a party besides the two drivers or when liability is shared between a driver and another party. This type of claim may include any number of other individuals or companies, including:

  • Passengers. When a passenger causes an accident by grabbing the steering wheel, distracting the driver to the point of creating a dangerous situation, or otherwise putting the driver at risk, they may be liable for the accident.
  • Vehicle Owners. In some cases, the owner of the vehicle is a separate person from the driver of the vehicle. The owner may be responsible if they allowed an impaired driver to drive their vehicle, knowingly let an unsafe or unlicensed driver take control of their vehicle, or otherwise failed to secure their vehicle. These cases are highly dependent on the details, so it’s important to discuss your options with an attorney.
  • Vehicle Manufacturers or Component Manufacturers. Cars and their components are subject to manufacturing or design errors. If an accident is caused by a malfunctioning vehicle component or an aspect of the vehicle’s design, the injured parties may have a valid claim against the manufacturer of the vehicle or the manufacturer of the individual component.
  • Repair Professionals. Poorly done repairs or repairs that used the wrong components could put you at risk of an accident. When an accident inevitably occurs, anyone who sustained injuries during the crash could seek compensation from the repair shop responsible for the faulty repairs.
  • Alcohol Providers. Impaired drivers are, of course, liable for the accidents they cause. However, if they were overserved at a bar or restaurant, they may not be the only party with liability. The facility that irresponsibly served them alcohol could be partially liable for the victim’s injuries.

Investigating Liability

Determining liability in a third party accident can be more complicated than figuring out liability when only the drivers are at fault. The more parties you bring into the case, the easier it is for every party involved to point fingers and try to absolve themselves of blame. Because of this, you can’t really trust any information you get from any of the other party’s insurers. If they point you in the direction of another party, ensuring you that you’ll get compensation from them, their goal is not to help you; it’s to limit their own client’s liability.

This is why you need an attorney to fight for the compensation you deserve in a vehicle accident. They do not have any loyalty to any of the other parties in the case, so their only goals are to find the truth and get you the compensation you are owed. Look for an attorney with substantial experience with accidents similar to yours. Going up against multiple liable parties and holding them accountable is a big task, and you need an attorney who is aggressive enough to keep going until they’ve gotten what you deserve.

Seeking Compensation

The compensation you receive for an accident may vary, depending on the circumstances of the accident. The more severe your injuries are, the more compensation you could be entitled to. Unfortunately, this also means that the insurance company will fight even harder against a fair settlement, highlighting the need for an attorney. You may seek compensation for:

  • Medical expenses, both current and future
  • Lost wages and lost future income
  • Pain and suffering
  • Property damage
  • Loss of enjoyment of life
  • Loss of consortium

Turn to Reeves & Mestayer for Help with Your Personal Injury Claim

Our firm’s goal is to help accident victims get the full and fair compensation they deserve after a crash. Wherever you are in the claim process, we’re ready to get started. To learn more about your options, call us at 1-855-558-2977 or contact us online.

How Severe Accident Injuries Impact Families

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A severe accident is one that leads to life-changing, and sometimes life-ending, injuries. Not only do these injuries impact the victim as an individual, they have a ripple effect that extends to the victim’s friends, employer, and family members. A severe accident can stress a family to the absolute limits in multiple ways.

If you or someone you love has been hurt in a serious accident, you do not have to go through this alone. Contact Reeves & Mestayer at 228-374-5151 to discuss your options.

The Physical Burden

The physical impact of a serious injury can be felt immediately. The victim, of course, suffers the most. They may have incredibly painful injuries or even be comatose, leaving their family wondering if they will survive.

Once they begin their path to recovery, the physical challenges continue. They may be unable to move independently or meet their own daily needs, which means family members need to step in and help. This can be physically taxing on caregivers, particularly if the accident victim cannot ambulate independently. When this happens, caretakers must move them with a gait belt or assisted lifting machine, which requires tremendous physical effort. Over time, these tasks can leave caregivers weak and at risk of injury.

Grief and Other Emotional Responses

For many victims, the worst long-term effects of a severe injury are the emotional effects. In the immediate aftermath of an accident, the victim may feel anger, helplessness, fear, and grief. They grieve for the life they lost and the future that they thought they would have. This can be difficult for family members, who are often so entrapped by their own emotions that they cannot provide the necessary support to the accident victim.

Long-term, these issues can multiply. In some situations, painful emotions are compounded by a traumatic brain injury. TBIs often limit a person’s emotional regulation or self-control, leading to random outbursts and expressions of anger or grief.

Family members are also likely to struggle with the sudden change in their family roles. A couple that once had an equal and balanced marriage may strain under the weight of one spouse suddenly becoming the full-time caretaker for an immobile spouse. Children may lash out at the loss of a parental figure.

Financial Troubles

The financial issues created by a severe accident can follow a family for decades. The upfront costs are often exorbitant; lifesaving medical treatment and property replacement can bankrupt even the most financially sound family. Long-term, many severe injuries require ongoing treatment and lifelong care.

Whether the victim is a child or adult, the financial impact is hard to manage. An injured adult can often no longer contribute financially to their family, requiring other adults in the family to step in and make up the difference. If a child is severely injured, one parent often has to stop working in order to provide around-the-clock care to their child. The loss of a full-time or part-time income can lead a family into financial ruin, particularly when the majority of American families are one or two missed paychecks away from devastation.

Planning for the Future

While nothing can ever totally fix these issues, financial compensation can at least help improve the situation. Having enough money makes it easier for a victim to get the medical care they need and puts them in a position to hire long-term care, lowering the burden on their family members. Financial stability can also help the victim and their family get the mental health treatment they need to navigate this change with minimal trauma.

Getting this type of financial support often requires legal action, since insurance companies are unlikely to provide the type of settlement a serious accident victim deserves. It’s important to select an attorney with extensive experience in severe accidents, as the amount of compensation involved in these cases is often far higher than the compensation involved in less severe crashes.

How Reeves & Mestayer Can Help

We know that you are likely under an enormous amount of stress right now, and you may not know what comes next. We have helped families in your situation, and we are here to help you too. If you or someone you love has been seriously injured in an accident, contact us today to learn more about how we can help you. Give us a call at 224-374-5151 or contact us online.

Can I Sue If I Find Mold in My Apartment?

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Nothing turns your stomach quite like finding unexpected mold in your apartment. The creeping lines of mold up your shower wall, hidden in the back of the closet, or in a damp basement do more than create an unpleasant mildew smell. They can also seriously negatively affect your health.

What do you do after you discover mold in your apartment? Learn more, and if you need help with a landlord dispute, call Reeves & Mestayer at 228-300-2754.

Different Types of Mold

First, recognize that there are many different types of mold that can take hold in your home. The vast majority are harmless, if still ugly and unwelcome. When these types of mold take root, your landlord will likely hire a professional cleaner to get to the base of the problem and eliminate it.

However, black mold is another matter entirely. Black mold can cause significant property damage that cannot be repaired, respiratory issues, nausea, and other health issues. It often lurks in damp, dark places, so you may not discover it until it has already had plenty of time to spread. When this happens, you and your entire family could be in danger.

This requires swift and decisive action to eliminate the problem, take preventative measures so it doesn’t return, and repair any damage that could continue to cause health problems. While this is happening, you and your family may also have to live elsewhere for your own safety.

Your Landlord’s Responsibilities

Your landlord has a legal obligation to provide you a living space that is free of health and safety hazards. In law, this is referred to as an implied warranty of habitability. While most landlords are ethical and try to do what is right for their tenants, there are those who try to sidestep this responsibility. They may claim that this obligation is not spelled out in your lease, so it is your responsibility to get rid of the black mold.

This isn’t true. The obligation to provide a safe and habitable space is a legal one, so it supersedes anything that is or is not written in an individual lease. Black mold is obviously an issue of habitability and safety, so your landlord is required to take care of it promptly.

Legal Action is Not the First Step

Upon discovering black mold in your apartment, your first reaction is likely panic. The realization that you and your family have been breathing in mold particles for an indefinite period of time is frightening, and you may even feel angry. However, do not immediately jump to a lawsuit. While a lawsuit is an option if the issue is not handled promptly and in an appropriate manner, it is typically not the first step.

The first step should be a discussion with your landlord. Get a feel for your landlord’s response. Are they alarmed and do they seem to have a sense of urgency related to fixing it? Do they dispute your claim that it’s black mold, say that it’s just a small problem, or indicate that you may have caused it and may have to fix it?

What to Do if Your Landlord is Uncooperative

If there is anything other than immediate action to make it right and keep you safe, you should reach out to a landlord-tenant dispute attorney. You’re likely going to have issues trying to get your landlord to eradicate the issue instead of just slapping a bandage on it, and you could even be threatened (unlawfully) with eviction for bringing up serious issues.

Your attorney will handle all communication with your landlord, inform them of your rights, and make it known that they are legally obligated to make you whole for any losses you have experienced. If they drag their feet or refuse to handle the situation, you may have to file a personal injury lawsuit against them for any property damage or health issues you have suffered because of the mold.

Let Reeves & Mestayer Help You

Black mold in an apartment is a major issue that can lead to lingering health problems for you and your family. The sooner you reach out to a tenants’ rights attorney, the sooner you can protect yourself. Set up a consultation with Reeves & Mestayer by calling us at 228-300-2754 or contacting us online.