In America, the instances of personal injury accidents have increased. These accidents have a direct correlation to the increase in car accidents, say researchers. The National Highway Traffic and Safety Administration statistics from 2012 alone reported 5.6 million automobile accidents.
Motor Vehicle Accident Laws
The law of negligence is one that concerns car accidents. Laws in all 50 states require that licensed drivers exercise reasonable care under the circumstances. If drivers choose not practice reasonable driving, the law rules them as negligent and will make them responsible for any costs that an accident incurs. Any damages will be charged to the negligent driver, whether it be to other people or property.
Injured parties who bring a lawsuit are called the plaintiff. Their attorneys have the burden of proof in finding the defendant negligent and responsible for the car accident. The court must find that the defendants’ actions directly resulted in the plaintiffs’ personal injury or damage to their property.
How Negligence Is Presented In A Motor Vehicle Accident Case
Authorities must determine the cause of an accident to discover the negligent party. People involved in a car crash usually know what caused the accident. Highway patrol or police authorities will listen to both sides of the story and will write an official accident report. Though the report will usually name the party at fault, police reports often to not record the rules that were violated. This is why it is so important to have a personal injury attorney involved. These professionals are well-versed in the laws and have abundant resources to help pinpoint the fault of an accident. Some of the things they will study are traffic laws, police reports, and official statements from eye witness accounts.
An injured party can file a lawsuit to obtain a court ruling for fair compensation. There are many factors that the court will consider to find the negligent party. Someone may have overlooked a traffic sign or forgot to use their turn signals. The court will consider the speed limit at the accident site, as well as traffic and weather conditions when the crash occurred. Another important factor is whether or not any driver was driving under the influence of alcohol or drugs. These can make great impacts on the court’s decision.
Common Causes of Car Accidents
- Reckless operation: If a driver has reckless conduct behind the wheel, it often leads to an accident. Those who do this will be responsible for any damages. A foolish disregard for laws and driving safety can cause injury or even death. Forms of reckless operation include speeding, improper lane changing, failing to signal, or improper passing.• Driving under the influence of alcohol or drugs: Statistics from the Center for Disease Control and Preventionsay that 1 person dies every 53 minutes from DUI car wrecks in America. In 2014 alone, nearly 10,000 motorists lost their lives because of drunk and impaired drivers, says the source. In these cases, the court can rule that the intoxicated driver is responsible for all damages. Depending on the case and state, persons and establishments who supplied too much alcohol to a patron can be found liable. A personal injury lawyer can help sort out claims and what rights have been violated.
What If Neither Driver Was Negligent?
There are anomalies where freak accidents occurred without an irresponsible driver. One instance may be an accident that occurred due to a vehicle manufacturing defect. The car’s manufacturer could be called in as a responsible party in a product liability suit. These things require advice from an experienced attorney, such as a personal injury attorney in Rockford.
More Common Culprits
Many accidents across the nation are caused by poor road conditions, malfunctioning traffic signals, and other environmental causes. If drivers are hurt in these cases, the court may find the county or municipal government at fault. There are thousands of legal suits brought against government entities every day for personal injury. A litigant must have proper legal advice in such cases.
Finding The Right Attorney
If you or a loved one is involved in a car accident, you may have a plethora of questions. You need an attorney to review your claim and help with the answers you need. These attorneys will help discover the negligent party and how you can file a suit against them. They will listen to all of the points of the case and will work to get the best compensation package allowable by law.