Driver Crashes into Dallas Home
- April 8, 2015
- Car Accidents
On Monday, April 06, 2015, a car crashed into a Dallas home. A 1994 gold Mercury Grand Marquis was apparently trying to avoid a vehicle that stopped abruptly in front of it. The Mercury driver swerved to miss the vehicle, lost control, and slammed into the home, which was located in 7500 block of South Great Trinity Forest Way. It is unclear at this time why the vehicle stopped or if the driver who swerved was not paying attention in time to avoid rear-ending the car.
There were three people asleep in the home at the time. The car crashed into kitchen, avoiding the bedroom where the renters were sleeping by just a few feet. The tenants will have to stay somewhere else while inspectors be sure that the structure of the building is still sound and while it is being repaired.
Legal Liability in Rear-End Collisions
Assessing “fault” is a legal determination that affects who will pay for the damages related to the accident. Generally, fault is determined by the applicable state and local statutes, and is also called “legal liability.” For classic rear-end cases, the driver who rear-ended the other car is almost always at fault, even when the car in front of them was stopped. This is because drivers are supposed to travel at a safe distance behind other drivers. A “safe distance” means that they should leave enough room to stop abruptly, if necessary. In rear-end collisions, the law will usually assume that the person who hit the other was too close to the car in front of them or was not paying attention to stop quickly enough.
In this case, it seems as if the driver was trying to avoid a rear-end collision. However, he chose to avoid the collision by swerving instead of braking. That may mean that he was, in fact, following too closely or generally did not have enough time to react.
Legal Liability in House Damages Accident
In a situation like this one, the homeowner’s insurance policy will likely cover the accident. However, the insurance company or the property owner could also initiate a personal injury lawsuit on behalf of the tenants or for the damage done to the property. It does not appear that the tenants were injured, but they are unable to use the house, which may mean that the property owner will lose rent money and may acquire costs relating to repairing the property.
The property owner has three real choices for the lawsuit. She can choose to sue the driver who actually hit the house, the driver who the car swerved to miss, or both. It is very likely that she will choose to sue the driver who actually hit the house because that will be the easiest case to prove. It was no mystery that this car hit the house and who was driving at the time. It is unclear why the other driver stopped abruptly, or if that is what really happened. The driver who hit the house can then involve the other driver. The other driver’s involvement would either be as a second defendant or in a separate, but related, suit against the driver who hit the house and the driver who stopped abruptly.
Liability in a situation like this can be very complicated. The property owner and the driver who hit the house should both consult knowledgeable car accident attorneys in Dallas to discuss their legal options.