Forum Discussion
Shal36
Aug 05, 2017Explorer
In most accidents, if there are injuries, you can expect an attorney to be involved. The choice of attorney probably comes down to who advertises in that market. I doubt plaintiffs are thinking, "that RV was overweight...I'd better contact a special attorney for this." The attorney doesn't care if you were overweight, underweight, towing with the refrigerator running on propane, towing with a full tank of fresh water, or if you had your outdoor speakers playing while driving....they want to recover the maximum amount. Maybe it's easier for them to settle for the max if they can show gross negligence to the insurance company.
You cause an accident, you're likely to get sued. That's why you have insurance. That lawsuit will likely seek your policy limit and the issue will likely be settled out of court. If you have easily attached assets, the attorney may go for that, too, but the effort to do so probably only makes it worthwhile if there's a lot of unprotected assets.
This recurring topic thread lead me to do a little research. While the lawyer issue seems to always come up in these threads, what rarely comes up is the possibility of an involuntary manslaughter charge should someone be killed as a direct result of gross negligence. The examples I have found involved improper hitching and lack of safety chains that led to a trailer coming loose and hitting someone (usually a pedestrian or bicyclist). In those examples, a manslaughter charge wasn't always filed by the DA as the DA is the one who has to make that decision.
You cause an accident, you're likely to get sued. That's why you have insurance. That lawsuit will likely seek your policy limit and the issue will likely be settled out of court. If you have easily attached assets, the attorney may go for that, too, but the effort to do so probably only makes it worthwhile if there's a lot of unprotected assets.
This recurring topic thread lead me to do a little research. While the lawyer issue seems to always come up in these threads, what rarely comes up is the possibility of an involuntary manslaughter charge should someone be killed as a direct result of gross negligence. The examples I have found involved improper hitching and lack of safety chains that led to a trailer coming loose and hitting someone (usually a pedestrian or bicyclist). In those examples, a manslaughter charge wasn't always filed by the DA as the DA is the one who has to make that decision.
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