The Scene of the Accident and Driver Fatigue
The area of the accident on Cajalco Road is generally rural and has fairly profound curves. It is possible that Velazquez drifted over the center line in a turn because of inattention or some other factor. Given the timing of the accident, at approximately 3:30 a.m., fatigue or driver distraction may well have played a role. According to the U.S. Department of Transportation, driving between the hours of 12:00 a.m. and 6:00 a.m. heightens the risk of an accident due to driver fatigue.
Apportionment of Insurance
As with most multi-party accidents, apportionment of the insurance policy of the responsible driver will likely be an issue requiring careful attention. Assuming Mr. Velazquez is determined to be at fault, his insurance policy would be the primary policy to be divided among all injured parties. If those in the Garcia vehicle were covered by a policy with uninsured/underinsured motorist provisions, with a higher limit than the Velazquez policy, then that policy would be secondary. Coverage would then be available up to the total of the UM/UIM limits of the Garcia insurance policy.
Multi-party automobile accidents like the one above often involve complicated issues of fault, apportionment and insurance law. A seasoned auto accident attorney can ensure maximum compensation is recovered for the injuries you or a family member sustain.
SOURCE: LAKE MATHEWS: 1 dead, four hurt in head-on wreck, Press Enterprise, March 4, 2013, by Brian Rokos
Apportionment of Insurance
As with most multi-party accidents, apportionment of the insurance policy of the responsible driver will likely be an issue requiring careful attention. Assuming Mr. Velazquez is determined to be at fault, his insurance policy would be the primary policy to be divided among all injured parties. If those in the Garcia vehicle were covered by a policy with uninsured/underinsured motorist provisions, with a higher limit than the Velazquez policy, then that policy would be secondary. Coverage would then be available up to the total of the UM/UIM limits of the Garcia insurance policy.
Multi-party automobile accidents like the one above often involve complicated issues of fault, apportionment and insurance law. A seasoned auto accident attorney can ensure maximum compensation is recovered for the injuries you or a family member sustain.
SOURCE: LAKE MATHEWS: 1 dead, four hurt in head-on wreck, Press Enterprise, March 4, 2013, by Brian Rokos
No comments:
Post a Comment