You don’t have to be driving on a busy highway to be hit by a careless or reckless driver. It could even happen in a parking lot or when you are lining up in your car waiting to get served in a restaurant drive through. Whenever things get busy, it seems that there is always someone prepared to take risks and endanger people’s lives. If you are injured in any kind of auto accident, whether it is while you are outside a fast food restaurant minding your own business or anywhere else, you may be worried about the financial consequences. Talk to a personal injury attorney about your legal options. A personal injury claim may help pay unexpected bills.
If you have had the misfortune to have been involved in an accident while at a drive-thru, you may be eligible to file a personal injury claim to cover your financial hardship caused by the accident. If you want to be sure you can win a successful settlement you should see if you live in a fault or no–fault state.
Difference Between “Fault” and “No fault” States
Some states are fault states while others are no fault states when it comes to accidents taking place. For example, Indiana is a fault state, so if you are involved in an accident at a drive thru and you have the evidence to prove that you were not the cause of the accident, it might be possible to avoid paying for damage to your car, medical treatment and pain and suffering. These will be paid by the at-fault driver’s insurer.
Each fault state has different rules concerning shared fault if this applies to your accident. In some states like California, you are entitled to compensation even if you are more than 50% to blame, by a proportional amount.
In other states, you cannot obtain any compensation at all if you are even 1% to blame. Virginia is an example. Many fault states allow you to claim compensation as long as it is determined that you were less than 50% to blame.
Michigan and Kentucky are no-fault states. If you are involved in a drive thru accident and you were not to blame it will be your insurer that has to cover the costs of the accident. In Indiana, you may be able to file a PI claim, but not in Michigan or Kentucky or any other no-fault states.
Evidence to Gather for a PI Claim
If your accident took place in a drive-thru in a fault state apart from hiring a PI lawyer to help you with your personal injury compensation claim you will also need to provide evidence of who caused the accident. This could be any of the following:
- eye witness statements and information
- police reports
- security camera evidence
- photographs noting both damage and positions of cars. This will help determine fault (keyword pictures)
You will also need to provide evidence of costs such as:
- medical bills;
- medical costs in the future;
- wages already lost;
- future wages lost;
- car repair estimates;
Personal Injury Claims after a Restaurant Drive Through Auto Accident
If you are injured at a Burger King drive through, it is most likely that you have either been hit in the rear by an impatient driver or hit when you entered or exited the drive through lane when the restaurant was busy. You may be able to claim compensation from the other driver, but if your injuries are not too severe, you may only be able to do so if you are in an “at-fault” state. If the accident happens in a no-fault state you may only be able to obtain compensation by claiming from your own insurance provider unless your injuries are severe.
If you do decide to file a personal injury claim on your attorney’s advice, you will need clear proof that your injuries occurred because of someone else’s negligent driving. Eye witness statements can be of great help and, fortunately, drive-through restaurants are likely to have plenty of witnesses around when your accident took place.
Why You Should Use a Personal Injury Attorney
Personal injury claims are not easy to win without the help of an experienced personal injury attorney. An attorney can provide a valuable initial opinion about the potential success of a claim if you do decide to go ahead. An attorney can also help you find sufficient evidence to back up your claim, as well as help negotiate the claim with the at-fault driver’s insurance company.
Additional Resources:
- Responsibility for Car Accidents
- Auto Accidents Involving a Rear-End Collision
- Slip and Fall at Burger King
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Burger King, or any other party, you may not be entitled to any compensation.
