Author: Guest
The lure of freedom and the open road sees many of us RV’ing for short and extended road trips.
RV enthusiasts run the gamut; from retired seniors who want to spend their sunset years exploring, to parents with young kids looking for an affordable way to vacation, and the younger generation, who want to travel while saving on lodging and food.
However, as more and more RVs hit the road, the increasing number of inexperienced drivers operating oversized vehicles pose a potential danger to themselves and to other road users. Motorhomes are quite large, and unlike SUVs and passenger cars, successfully operating ones require a more specialized skill set.
As such, RV accidents have become a real risk, happening within seconds and leading to property damage and personal injuries.
Major causes of RVs accidents
Speeding
Over speeding is the surest way of causing accidents. At fast speed, braking abruptly is less effective, wind inclement is harder to maneuver, and should the roads be wet, you are sure to have an accident. When driving an RV, it's advisable to operate at the required speed limit and it's wise to stick below 60 miles/hour.
High winds
For a sturdy motorhome, it's hard for powerful winds to flip it and cause an accident. But as RVs become more cost-effective and lightweight, the chances of flipping over have increased. To minimize high winds accidents, avoid parking in areas with overhanging trees or the oncoming wind direction. Remember to keep your RV stabilizing jacks down, far from the sideways winds, and drive at a lower speed.
Drowsy drivers
Drowsy drivers have a higher percentage of causing accidents they are not fully alert and easily lose their concentration. Additionally, drowsy driving leads to slow reaction time and an inability to make the correct decisions. RVers must resist the urge to drive when tired, even if it means not reaching their destination on time.
In case you miss your exit when driving, drift from the lane or find yourself frequently blinking or yawning, it's time to stop and rest. It’s recommended for any driver to drive shorter distances, take naps for at least 25-40 minutes, have a refreshing beverage and stay alert.
Overloaded RVs
An overloaded RV is a moving disaster. Suppose you are driving an overloaded RV and an accident occurs, you may be deemed at fault since overloading is against the law. Insurance may not cover your motorhome again after the accident, and overloading may also lead to voided warranties.
Scale the weight of your RV after it's loaded to avoid putting yourself and others in danger.
While car accidents have a complicated legal and insurance landscape, it becomes more problematic when it involves RVs.
So, accident While RV'ing? Know your rights and they include:
Right of documenting the scene
After an RV'ing accident, you can document the scene by taking photos of your motorhome, other parties' properties, streetlights, road conditions, signs, obstruction, and any other factors that may have directly or indirectly contributed to the accident.
Document the scene with videos and photographs, including any visible injuries. This evidence will become vital when submitting accident claims and in case of a dispute with the other motorist.
Remember; don't apologize for documenting the scene.
Right to talk to witnesses
Talk to witnesses and obtain their contact, name, and other helpful information. If possible, request them to write down what transpired.
The witness may, at a future date or when needed, become useful in proving the liable party. However, you can't coerce or pressure witnesses to provide their information. You don't have any right. Instead, talk to them and request their cooperation respectfully.
Right to call 911
Even if the RV accident is a fender-bender with no severe injuries, call the police and emergency responders. Calling 911 ensures you obtain official accident records, thus protecting yourself from the other party, should they sue or dispute the accident account.
The police report is also handy for obtaining abstracts and filing insurance claims.
Right to medical help
Even in the absence of visible injuries, internal injuries can occur. Remember, after the accident, your body is filled with adrenaline, which masks immediate injuries.
Call for medical help. Nobody should block you from getting medical help citing attempts to escape. Your safety and health are the top priority.
It's also your right to request specialists' recommendations, treatment records, and medical bills upon getting treated. These documents are vital at a later date in case of legal action and compensation calculations.
5. Right to legal counsel
Having your personal injury advocate around is vital in protecting your rights and preventing the destruction of valuable evidence. You may be traumatized during the accident period, and having a trained, experienced professional in your corner ensures the legal aspects are adequately managed.
It's advisable to seek a compassionate and knowledgeable lawyer with a positive track record in handling RV accidents.
6.Right to silence
After the RV accident, you don't have a legal obligation to admit fault or blame others. For example, if the other party complains of their injuries, don't express sympathy since they can use it as an admission of fault. Avoid confrontation or discussing the accident sequences with other concerned parties.
Holding discussion can lead to memory distortion, thus preventing you from distinguishing between reality and opinion. Besides, other parties may use gathered dialogue to make conclusions.
Further, you may refuse to discuss the accident's happenings with the other motorist insurance company to avoid receiving a raw deal/compensation. Instead, refer them to your lawyer.
7. Right to Insurance Information
Under the law, all RVs should have insurance. However, some drivers operate without insurance cover.
During an RVing accident, checking the other motorist insurance cover is your right. Document the insurance information like policy number, company, and agent contact for future reference and claims.
8. Right to receive the police report
It's your legal right to receive a copy of the recorded police report. The police report documents valuable information relating to the accident like the date, eyewitness statements, accident diagrams and citations, weather conditions and lighting, accident location, and other aspects involved. You can use the police report as evidence in your court case.
9. Right to sue
In case you are unable to negotiate with the at-fault party insurance company, and the accident was caused by recklessness, negligence, and carelessness, it's your right to sue for compensation.
Remember, as profit-generating entities, insurance companies find any loophole to minimize the risk and reduce your payout. So, let your personal injury lawyer handle any queries and negotiations.
Conclusion
Dealing with an RV'ing accident and the aftermath can be stressful and frustrating for everyone involved. As such, it's crucial to understand your rights, let your lawyers handle the process and don't accept liability.