Showing posts with label car accident lawyers. Show all posts
Showing posts with label car accident lawyers. Show all posts

Sunday, August 22, 2021

A Closer Look at Fault in Car Accidents

For any car accident lawsuit or personal injury claim to be successful, your attorney will need to be able to prove based on a preponderance of the evidence that the accused liable party is responsible for causing your accident or resulting injuries.

It may not always be easy to tell who is culpable for causing your car accident, but the results are in. And after asking experienced car accident lawyers what they’ve seen in court, we are able to get a closer look at which parties are more commonly found liable for car accidents.

When you’ve been injured in a car accident, having a clear understanding of who could be responsible for causing your injuries could give you peace of mind as you decide to move forward through the civil claims process.

Driver Negligence

Arguably the most common cause of car accidents across the United States is careless driving. That’s right. Human error is the driving force behind many of the car accidents you hear about on the news, read about online, or drive by on the highway.

Driver negligence can take many forms. Most notably, drunk or drugged driving has been known to cause devastating injuries and even death. 

People who drive impaired can also expect to face criminal penalties in addition to the consequences they’ll face when a civil claim is brought against them.

Distracted driving has also become quite common, particularly as the prevalence of cell phones emerged over the last decade. Many states have laws in place that make distracted driving against the law as well. Distracted driving can involve literally any distraction you can think of, but some common distractions include the following:

  • Talking on the phone
  • Texting while driving
  • Fidgeting with music selection
  • Applying makeup
  • Reading
  • Reaching for a beverage or food item
  • Reaching for anything
  • Rowdy passengers

Other examples of driver negligence that are known for causing severe car accidents to include drowsy driving and risky driving. 

Some examples of risky or reckless driving include speeding, following too closely, failure to use a turn signal, road rage, making illegal turns, or failure to stop at a red light or stop sign.

Government Agencies

Government agencies are often responsible for maintaining the safety of the roads. This means that they have an obligation to make necessary repairs in a timely manner and ensure that when repairs are being made, and the roads remain safe for travel.

With that being said, when a government agency fails to uphold this obligation, people can get hurt and the agency can be held accountable for compensating the victims. Some instances in which a government agency could be found liable include the following:

  • Failure to repair or replace a broken traffic light
  • Failure to replace missing street signs
  • Unrepaired breaks in the road
  • Failure to secure a construction zone

These are only a few of the ways a government agency could be responsible for car accident injuries. Only your lawyer can determine who is responsible for causing the car accident you were involved in.

Auto Parts Manufacturers

The parts used to build cars, trucks, busses, bicycles, and other motor vehicles should all have been checked for safety before they were installed. Unfortunately, faulty or defective car parts are not as uncommon as you might think.

When automakers try to cut corners to save money or fail to do their due diligence when building these vehicles, they can be brought to justice when a civil claim is filed against them. 

Ultimately, they are responsible for ensuring that their parts are safe for consumers when used as intended. Any injuries resulting from defective products can be grounds for a lawsuit.

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