Ritesh Sevanthi-Dilipan, Jacob Mojica Injured in Lubbock, TX, Accident
Lubbock, TX -- March 5, 2017, Ritesh Sevanthi-Dilipan and Jacob Mojica were injured following an accident where their vehicles collided.
The Lubbock Police Department reported that the accident happened at approximately 2:30 a.m. north of the intersection of I-27 and Marsha Sharp Freeway.
According to preliminary accident reports, 32-year-old Sevanthi-Dilipan was driving a Ford Edge northbound along I-27 when he had to pull over onto the shoulder. As he sat on the shoulder, his vehicle was rear-ended by a Nissan Altima driven by 41-year-old Mojica.
The crash was severe enough that Sevanthi-Dilipan suffered critical injuries in the collision. He was taken to a nearby hospital for treatment. Mojica was also taken to a hospital with injuries said to be non-life-threatening.
Authorities at this time have yet to determine the cause of the accident. Their investigations are ongoing.
Map of the Area
Commentary
Typically with rear-end accidents, people will assume that whoever did the rear-ending is liable for the accident. Many will probably assume that about this crash as well, especially since it involves a vehicle parked off on the shoulder. Sure seems like it's obvious who is at fault here, right? The reality is that particular details make this a bit more complex than it seems at first glance.
For one, some reports I've seen made a point to say that Mr. Sevanthi-Dilipan was "partially" pulled onto the shoulder, implying that his vehicle was protruding into traffic lanes. Not only that, but we have no details about if any emergency lights were activated, how fast the Altima was going, why Mr. Sevanthi-Dilipan was pulled over in the first place, or anything else contributing to the accident. All we really know is that one vehicle hit another one on the side of the highway.
When the details surrounding an accident are even the least bit complex or vague, this gives insurance companies a prime opportunity to muddy the waters and use uncertainty to their advantage. After all, insurance companies are not in the business of losing money, so they find every opportunity to undercut victims and give them less than they deserve--nothing if possible. One way of doing this is shifting blame from their client onto the victim. By putting the other driver at fault, they can minimize their own liability and get away with low-balling victims. A plaintiff who isn't prepared for these kinds of tactics are vulnerable to being cheated out of the compensation they deserve.
There are no set rules for who is and isn't at fault for an accident, and there is no magic formula for assigning a percentage of the blame. Everything ultimately comes down to the experience of each side's legal representation and the evidence each side has at its disposal. Ensuring that the truth is told after an accident, there needs to be a thorough investigation by an independent expert. Any arguments made without facts to support them are nothing but baseless claims. When someone is hurt in a car accident, it's best not to rely on "he-said-she-said" for compensation.
The article below goes more in-depth about the process of determining liability and how investigations affect a victim's ability to get fair compensation.
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--Grossman Law Offices
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