Limousine Accident Lawyer BIG AUTO

The larger weight and length of a limousine — especially in the case of those vehicles commonly called “stretch limos” — could increase the chances of certain types of accidents occurring. Because they can hold a greater number of passengers, the vehicle’s occupants and any unsecured items could also be thrown against each other during a collision.

Although driver error remains a common cause of limousine accidents, the company that owns the vehicle could have contributed to a crash. Additional parties, such as vehicle maintenance providers, may have also played a role in a limousine accident.

Driver error is a common cause of limousine accidents despite the stricter requirements typically involved in operating a commercial vehicle. A limo operator may cause an accident in the same manner that most passenger car accidents occur, such as:

• Becoming distracted by a cell phone call
• Driving too long and without an adequate amount of rest to avoid fatigue
• Speeding to make up for lost time when running behind schedule
• Driving in a manner not suited to the road or weather conditions
• Driving while intoxicated

In addition to the more common driver errors, limo drivers could also get lost while driving to a new location. Compounded with a need to meet a certain time frame, limo drivers might reroute themselves and end up on roads and streets that are not safe for their much larger vehicles.

When you or one of your travel companions contract the services of a limousine company, a legal duty of care exists between a client and a service provider. The limo company has an obligation to its clients to ensure that its drivers are carefully vetted, trained and in possession of the proper licensing. A limousine company must also maintain its vehicles in safe operating condition.

When a limo company’s duty of care is breached and injuries occur, harmed passengers have a right to recover damages, including pain and suffering. If you believe that an insurance company’s settlement offer does not provide adequate compensation, you have a right to file a legal action.

In the case of a limousine accident, an injured passenger may file a personal injury suit against the at-fault party or parties, which may include:

• The limo driver
• Another driver
• The limousine company
• A vehicle maintenance company that serviced the limousine
• A vehicle parts manufacturer that produced a defective component

Limousine accident attorneys can apply their skills to determine where the fault lies when passengers suffer injuries. In some cases, more than one responsible party may be involved.

The burden of proof falls to the harmed individual in a personal injury suit filed against a limousine company or a related party. The injured party must, however, prove that negligence was the direct cause of the accident that resulted in the injuries.

In order to demonstrate negligence in a limousine accident, an injured party must prove that one or more of the following occurred:

• The limo driver was speeding or operating the vehicle in an unsafe or reckless manner
• The limo driver operated the vehicle while under the influence of drugs or alcohol
• The limousine company failed to maintain their vehicle properly
• The limousine company was negligent in its hiring practices and allowed an inexperienced or untrained driver to operate its vehicle
• A manufacturer’s defect caused the vehicle or one of its installed safety components to malfunction

Several types of evidence could help prove that negligence was a direct cause of an accident and its resulting injuries:

• Testimony provided by an eyewitness: Another passenger or driver may have witnessed the limo driver using drugs, driving erratically, or becoming distracted by a cellphone call.
• Testimony provided by an expert witness: An expert witness, such as an accident reconstruction professional, could demonstrate how either driver error or poor vehicle maintenance caused the accident.
• Video or smartphone evidence: Images captured by nearby surveillance cameras or by an accident witness’s smartphone could help prove driver error.
• Vehicle inspection and maintenance records: A limousine company’s inspection and maintenance records could show if it fell behind in replacing critical vehicle components such as brakes or tires.

When a limousine accident occurs and one or more occupants are hurt, taking these steps could help propel the recovery process:

• Insist that the limo driver stops the vehicle: In some cases, a driver may panic and attempt to “brush off” an accident, especially if no other vehicle is involved. Not only is it illegal to leave the scene of an accident, one or more passengers may require immediate medical attention.
• Call 911: Attempt whatever reasonable first aid is possible until an ambulance and the police arrive. Find out how a copy of the police report could be obtained.
• Obtain contact information if another driver is involved: Although the limo driver may attend to this, it can be helpful to have this information readily available for a vehicle accident attorney.
• Obtain contact information from witnesses and take pictures: Not all uninvolved accident witnesses will “jump at the opportunity” to provide courtroom testimonies, but there’s nothing to lose by asking. Smartphone images of the accident scene and vehicle damage can also help show how the accident occurred.
• Get checked by a doctor or hospital emergency room even if it appears there was no immediate serious harm: Some injuries, such as traumatic brain injuries, may not show immediate symptoms but may develop into serious medical issues after a few days.

In many cases, injured and uninjured limo passengers may not be thinking about any of the above steps when they’re involved in a crash. They may also assume that the limo driver will attend to these matters; this does not “automatically” result in an unfavorable personal injury settlement. A vehicle accident attorney can investigate and compile the facts and details required to obtain a justifiable amount of compensation.