Liability for damages resulting from car accident usually falls on a negligent driver, but there are exceptions.
Most of car accidents are triggered by driver carelessness, poor road conditions, or a problem or flaw with among the vehicles included. That goes for motorcycle, truck, boating, bus and bicycle accidents as well. Not to mention pedestrian accidents.Let’s take a look at each of these causes.
The concern of fault and legal liability in most injury-related insurance claims and most accident claims boils down to establishing who was negligent.
In a vehicle accident case, one evident way that a driver can be irresponsible is to be intoxicated or under the impact of drugs while driving, however taking certain prescription medication can also be negligent. If, hypothetically, you get into a car accident while taking one of those medications, you might discover yourself accused of neglect.
A more common type of driver negligence is fundamental inattention to the roadway. Cars are huge, heavy gadgets, and there are a lot of things happening on the roadways.
- taking a look at something or someone by the side of the road
- looking at a map or a piece of paper
- checking out the paper or a book
- changing the station on the radio
- looking at a mobile phone
- getting something from the glove compartment
- adjusting your seat
- getting something from your pocket
- checking out the back seat or getting something from the back seat
- looking at your kids to talk to them or reprimand them
- eating or drinking (even non-alcoholic beverages) while driving
- placing on makeup, and
- shaving (yes, that’s been done while driving).
Attorneys have actually utilized each of these examples (and many more) to show negligence in a car accident case. If you are struck by a driver who was doing any of the above actions at the time of the accident, that is evidence that will enhance your opportunities of an excellent settlement.
On the other hand, if you trigger a car accident because you were doing any of the above things, you can anticipate to be held liable. Your insurance coverage business will be paying on the claim and raising your insurance premiums.
To get more information about carelessness in personal injury law in general, see this introduction on the subject.
Poor Road Conditions
Poor road conditions can definitely trigger car accidents. Poor roadway conditions might include the following:
- potholes or sinkholes in the road
- fractures or breaks in the road
- unleveled lanes in the road (often caused when one lane has actually simply been repaved, however the other lane has not)
- a road in the middle of building
- complicated or bad street signs
- slim roads
- construction debris in the roadway
- lack of enough shoulder on the road, and
- bad guidelines from a flagman.
If you enter a car accident due to poor roadway conditions, you might have a claim not simply against the other driver, but also against the governmental company or entity in charge of the road. For further info, see Liability for Car Accidents Caused by Poor Roadway Issues.
Faulty Automobiles or Vehicles in Bad Condition
Defective automobiles can be extremely hazardous. Flaws in vehicles include not simply issues with the manner in which the vehicle came from the factory, but also problems that establish over the life of the vehicle.
For example, if your brakes are wearing out, however you pick not to change them, you are purposefully driving a defective car and you will be found accountable if you trigger an accident by being not able to drop in time.
Common issues with automobiles that are likely to trigger an accident include issues with the steering, velocity, braking, or lights. You ought to get it examined out as soon as possible if your automobile is showing signs of any of these problems. You must get it taken care of if a mechanic tells you that your car requires to be fixed. You need to not drive it if you can’t manage to repair it. Purposefully driving an automobile in need of repair is throwing down the gauntlet. Otherwise whiplash may be in your future.
And on the other hand, if you get struck by another motorist who was knowingly driving a car in bad shape, you must not have any difficulty getting the settlement that you are trying to find.