Why does it matter to know who’s at fault in a car accident? Here’s the reason: when a car accident occurs, liability follows. This liability determines who will bear the cost of the medical expenses or damages. It also determines the amount of financial compensation given to the victim.
So, prooving which is at fault in an auto accident is necessary as it can save you a lot of unplanned expenditures. To make things easier, you can contact a car accident lawyer to handle all legal paperwork regarding the matter.
4 Rudimentary Levels of Fault
Common law, in relation to Tort Law, defines the rulings in a car accident or personal injury case. Common law defines fault as a driver who caused an accident and has perpetrated a tort. Yet, this is not altogether seen as a crime.
The law of tort has a different option of fault. It defines fault as a person who perpetrates an act resulting in property loss. A tort can also occur when a person inflicts harm on another, which is a wrong civil action. Note that common law in a state can be different from another. But, no matter the state, there are four primary fault levels. But what are they?
Driving under high levels of intoxication is an example of intentional misconduct. You could be drunk driving or under the influence of any stimulant that increases dopamine levels. Such stimulants are marijuana, cocaine, and the like.
Tampa personal injury lawyers also reminded that one should not take medications containing any sleeping agent before driving. This could get anyone drowsy and sleep off on the wheel leading to accidents.
An injury, harm, or damage is negligent when the defendant fails to adhere to or take specific actions. If they were proper attention to those actions, a tragic incident would not happen. For example, a refusal to concede when driving can lead to a crash. Also, running a red traffic light with your car is negligent.
But, you should not panic; some of these acts could be unintentional. To defend this point, you need representation for car accidents. These are attorneys that will help if a legal battle arises.
Vicious, Reckless, or Wanton Conduct
Reckless and uncensored actions resulting in property loss or injury to another are a fault. These actions break the civil responsibilities of the constitution. Note that you are always to act responsibly and appropriately all the time. Such acts are a willful and intentional disregard for obligated authorities. Examples of such reckless acts are running red lights and outrageous driving.
Making gestures and wild behavior that will distract another road user is inclusive. Yet, no matter how bad your conduct was, contacting a lawyer for auto accidents is the best bet to bail you out.
A fault is in strict liability without acknowledging the intent of the defendant. For example, if you got hit by another driver, but they had the make the turn because you ran a red light.
Determining fault in a car accident can become intricate and complex. So, it would be best if you found the right attorney for accidents involving cars.
Possible People Held Liable in an Auto Accident
Several people could be liable for repairing the damage when an auto accident occurs. They are;
The Manager of the Company
The employer or manager is liable if the party in an accident works for a company. If the vehicle is commercial and the driver receives wages, the bills are on the employer. In this scene, this is an employer liability case. Employers have a responsibility to hire trained, cautious and experienced drivers. When they fail to do this, they are responsible for any injury or damage.
The Other Motorist Involved
The other driver in the accident can also be liable. In most auto accidents, the other motorist tries to seek compensation for damages. But, if you have a lawyer for automobile accidents, you can have a financial refund for the damages. If the other driver was negligent, you could file your lawsuit under negligence of civil duty.
The Producers of the Vehicle
You could sue your car manufacturer if an accident occurred due to a defect in the design. You can win in court if you were ignorant about the defect and did nothing to aggravate the malfunction. But, this triumph will be impossible without an attorney for motor vehicle accidents.
The government or state shoulders the responsibility to provide excellent and safe roads. These roads should have free of potholes, poor drainages, and bad construction. The right environment is also essential. For example, a road should not be where there could be possible erosion and landslides.
Roads constructed on water and un-leveled fields should have railings on both sides. Other essentials are traffic lights installed in busy vehicular regions. In addition, there should be good road signs and proper spacing of each motorist lane. When these are not in place, there is a high tendency of having major car accidents.
Having an Accident Lawyer for Cars
Besides having car insurance, having access to an accident lawyer is also crucial. These lawyers will plead your case before a judge peradventure a car lawsuit arises. These attorneys can also enlighten you about the legal intricacies of driving.
Some attorneys can offer a free consultation when you have a loved one injured in a car accident. Note that accident lawyers for cars are different from regular legal practitioners.
How to Prove a Fault
They are several ways of proving the cause of an accident. Proof of fault is the legal term for carrying out this procedure. This process can help you prove your innocence before a court. It can also get you the needed financial compensation for property loss or injury. They are;
When an accident occurs, you should contact the police or any safety personnel for help. These authorities must carry out various investigations on the incident. They are also mandated to give feedback on the accident. Therefore, you can use this report as a channel of defense.
Medial reports can prove who and how an accident occurred. With X-rays and other machines, they can check the various angles of an injury and trace the source of it.
Pictures of the Incident
Taking pictures of a car accident is also another defense mechanism. With these pictures, the judge can identify who the real culprit is. You can also use CCTV cameras to get the needed car accident pictures.
The Report of Eyewitnesses
You can also take down eyewitnesses’ statements and phone numbers at the scene. Their testimony can help you prove that the fault is not yours but the others parties.
There are four common faults and liability of car accidents. They are negligence, reckless conduct, strict liability, and intentional misconduct. You can also prove who is at fault by presenting pieces of evidence. They could be police or medical report.