The number of personal injury accidents has increased in this country. Researchers say an increase in car accidents has led to numerous lawsuits. In 2012, more than 5,600,000 accidents were reported. The Traffic and Safety Administration has been busy keeping track of all these claims and reporting the data appropriately.
Laws Governing Automobile Crashes
There are laws that govern car accidents; one is called the “law of negligence.” Anyone that drives a vehicle must use what the law terms as “reasonable care.” When reasonable driving is not utilized, then the person is negligent and responsible for the costs. They must pay for damages caused by their actions. The damages can be to another person or property. An injured party who files suit is the plaintiff. They have a burden of proving the other party’s negligence. Being responsible for an incident with a vehicle makes the party responsible for any injuries and damages.
Understanding Negligence and Motor Vehicle Accidents
Determining negligence in a car crash is not always easy. An official report should be made. Police officers identify who is at fault. They will write it in their original report. Though the report may label the guilty driver, it may not state the rules violated. An attorney’s help in this matter is vital. They have numerous resources that can help to determine fault. They will use things like police reports, traffic laws, witness statements, and anything else to get a handle on the entire story. Lawsuits ask the court for help in obtaining compensation. There are numerous factors that the court will examine to verify the driver was negligent. They will see if they didn’t use traffic signs or their turn signals when making a turn. They will want to make sure they were going the speed limit, and it is important to see what the weather and traffic conditions were like at that time. Was the driver using drugs or alcohol? This can have a huge impact on the case.
Top Reasons For Vehicle Crashes
*Reckless Operation
Driving crazy can cause an accident. Any driver that engages in the reckless operation of a vehicle will be responsible. These drivers have a clear disregard for the law, and driving in an unsafe way can cause an accident. Aggressive driving is going too fast, changing lanes improperly, failing to use a proper signal, not checking lanes before passing, and using the shoulder or emergency lane to pass others.
*DUI/DWI
Statistics show that every 51 minutes someone in North America will die from an alcohol-related automobile crash. In 2015, there were more than 1,000,000 people involved in a crash where the driver was inebriated. An intoxicated driver is liable, but if they were a guest at a bar and were served too much, supplying the alcohol to a person already inebriated can be a crime. This person will be liable. Determining who is responsible for the injuries is where the attorney can help.
Unrelated Factors That Cause Accidents
Some cases have factors that have nothing to do with either driver. Take for instance a car with a defect. In this case, the manufacturer would be liable for the crash. This type of claim is called a product liability suit. The defective product was either labeled, designed, or manufactured by the company. Poorly maintained roads, traffic signals that malfunction, and other strange occurrences can cause accidents. When these things contribute to a wreck, the government would be responsible. There are numerous laws when bringing lawsuits against government bodies. When attempting such a feat, it is imperative to have proper legal advice.
Getting Legal Advice
Being in an accident leaves you with more questions than answers. An attorney will review your claim. They can identify the negligent party, and they can file a suit on your behalf.
Read more information about car accident cases here.
Never accept a settlement from an insurance company before speaking to an attorney. Having legal representation is imperative.
