Insurance Dispute Lawyer Blog
In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.
The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.
The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.
The Court of Appeal emphasized that summary judgment is only appropriate when there’s no genuine dispute about any material facts. In this case, Mr. Martin’s consistent testimony about his truck’s sudden acceleration raised questions about whether the accident was solely his fault. The court noted that while an expert couldn’t reproduce the malfunction, this didn’t negate Mr. Martin’s claim.
Additionally, the court considered Mr. Trapp’s statement to the investigating officer that he believed Mr. Martin had time to slow down. This suggested Mr. Trapp might have incorrectly assumed Mr. Martin would yield, even though the law required him to yield when entering the highway.
The court concluded that these disputed facts warranted a trial to determine each driver’s degree of fault and whether any third party, such as the vehicle manufacturer, might also be liable.
Things to Consider:
- Sudden Acceleration Claims: While rare, claims of sudden unintended acceleration can complicate car accident cases. It’s essential to thoroughly investigate such claims and consider all potential contributing factors.
- Comparative Fault: Louisiana follows a comparative fault system, meaning fault can be apportioned between multiple parties, including drivers and potentially even vehicle manufacturers.
- Summary Judgment Requires No Disputed Facts: Summary judgment is only appropriate when there’s no genuine dispute about critical facts. These issues must be resolved at trial if there are conflicting accounts or evidence.
The Trapp decision reminds us that assigning fault in car accidents isn’t always straightforward. Factors like potential vehicle malfunctions and the actions of both drivers must be carefully considered.
If you’ve been involved in a car accident, seeking legal advice from an experienced personal injury attorney is crucial. They can help you investigate the accident, identify all potentially liable parties, and fight for the compensation you deserve.
Additional Sources: JEFFREY TRAPP, ET AL. VERSUS ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY AND JOHN R. MARTIN
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Car Accidents: Can a Prior Insurance Lawsuit Affect Your Personal Injury Claim? and Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions