Alongside more routine vehicle collisions, police reports and news articles also contain some decidedly unusual accidents. From driving into buildings to sneezing fits to insect-triggered driver panics, strange accident scenarios may seem humorous if no one is hurt. Often, however, odd accident scenarios, just like more ordinary circumstances, leave someone with serious injuries and a substantial need for a financial recovery. Whether your accident was ordinary or extraordinary, an experienced Santa Barbara car accident lawyer can help you develop an effective case to produce the results you need.
To our south, a particularly unique auto accident made the news in July. Initially a two-car collision, the accident on southbound 101 in Thousand Oaks quickly collected three more vehicles and scattered them in multiple directions. Three of the five cars descended the sloped terrain adjacent to the freeway. One overturned and another struck a tree.
That probably sounds bad enough… but then came the wasps. One of the vehicles managed to disturb a nest and the insects, which “were… everywhere” according to the CHP officer at the scene, “came out stinging.” The officer said he did not know how many drivers or passengers got stung.
That scenario is particularly uncommon as bugs' involvement in an auto accident generally occurs at the beginning, not near the end. Regardless, if you have been injured in an auto accident, you probably are much more worried about getting proper compensation as opposed to whether or not a bug started the entire ordeal… as you should be. Nevertheless, it is important to recognize that, like any other fact, a bee or wasp or hornet may alter how your case unfolds… and what is involved in getting the just outcome you deserve.
Sudden Emergencies and Landowner Liability
Like any other crash, it is very important to investigate carefully to develop a clear picture of what exactly happened. A driver getting stung and suffering an anaphylactic reaction before crashing is something different in the eyes of the law than if the driver merely got startled by a spider and removed both hands from the steering wheel to smack the offending arachnid. That distinction is rooted in something called the “sudden emergency” doctrine. That doctrine may reduce or eliminate a party’s degree of liability if a sudden emergency arose (that he/she did not cause,) and he/she acted reasonably under the circumstances.
Additionally, the results of a thorough investigation could highlight potential landowner liability. For example, say that your crash sent you into a tree near the road, and that impact disturbed a huge nest of yellowjackets. The insects attacked and stung you multiple times, and the resulting allergic reaction caused you serious harm. If your investigation reveals that the property owner knew about the hazard, received previous complaints about the yellowjackets, had an extended period of time to address the danger, and nevertheless took no (or inadequate) steps to fix the problem, the landowner might be civilly liable to you. California law requires landowners (whether a public entity or private individual) to correct unreasonably dangerous conditions on their property (if they knew or reasonably should have known about them and had an appropriate length of time to address the problem,) or else to put up proper notification warning about the hazard.
The array of scenarios that can lead to a vehicle accident are almost innumerable. Whether your situation is ordinary or closer to a “one-in-a-million” fact pattern, you need skilled legal counsel who knows how to take the facts – whatever they were – and build a case that will get justice for you. The diligent Santa Barbara car accident attorneys at the law firm of Galine, Frye, Fitting & Frangos, LLP have the knowledge, skills, and experience to be the effective advocate you and your family deserve. Contact us today at 805-617-1365 or through our website to get a free case consultation and learn how we can help you.
