If you own a truck or 4-wheel drive vehicle, you may enjoy taking it off the road for a little adventure every now and then. While the thrill of driving on rough terrain is great, the possibility of damages or injuries is high.
Whether you were the driver of the vehicle or a passenger in a car involved in an off-road crash, you may wonder whether you can file a claim for your injuries. How do you proceed? Are these types of injuries covered under typical car insurance policies?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Passenger Injury
As a passenger, your injury claim may be easier to make than the driver. Since the driver is the individual who maintains control over the vehicle, he or she will almost always be considered at-fault. As a passenger, you may have a claim against the driver.
One defense that is often raised when passengers attempt to pursue a claim against the driver is the defense of assumption of risk. This defense states that the passenger knew that off-roading was a risky activity and had some element of danger to it. Therefore, he or she “assumed the risk” of being injured while in the car.
However, holes can always be poked into this argument. On the other hand, if the passenger knew the terrain they were going to be driving was particularly treacherous but went in the car willing, that could be a defense of assumption of risk.
Also, if the driver was intoxicated and the passenger knew this fact and still got into the car, that would also be assumption of risk. The defense may not completely eliminate any right to a claim you may have, however. The other side may use it as a way to reduce the damages you are requesting.
Who Does the Passenger Sue?
A personal injury claim brought by a passenger an off-roading accident would likely be a claim against the driver himself and not his or her insurance provider. Unless the driver has off-road insurance, the insurance company will likely fight the claim.
The driver would be the party responsible for damages as sought by the injured party. However, one situation does exist, which will be explored below where both the passenger and the driver could have a claim against the manufacturer.
Driver Claim
As the driver of the car going off-roading, you do not really have another party to blame. Unless the passenger grabbed the wheel or distracted you to the point where you could not control the vehicle, you would be the person held responsible for the accident.
If off-road driving is something you frequently do, you may look into adding an off-road policy to your insurance coverage. This coverage would protect you in the event you do get into an accident while driving off-road. Not all companies offer this type of a policy, but it is always recommended if this is an activity you frequently enjoy.
Having this coverage would allow you to make a claim on your own policy if you suffer injuries or damages as a result of an off-road crash.
Manufacturing Defect
What if the car was meant to drive off-road, but a defect caused it to malfunction and crash? Many 4-wheel drive vehicles are advertised as tough in any terrain, meaning you can take your Jeep off-road if it shows someone doing it in the Jeep commercial, correct?
If you are using the vehicle in a way it is advertised or put out to be used, and an unknown or unforeseen defect causes an accident, you could potentially pursue damages against the car manufacturer for neglect. Think of the Ford roll-over cases of the 1990s and early 2000s.
If something is so wrong with the car that leads it to be dangerous when operated in a way it should be able to be operated, you could sue for your injuries caused because of this defect or malfunction. Contact a personal injury attorney as soon as possible if you believe that may be the case.
He or she will be able to research and reach out to see if you have a potential claim.
Contact an Attorney Today
If you have been involved in a car accident off-road and have questions about your rights, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
