Most of the personal injury claims in US nowadays are those that involve vehicle/automobile accidents. Records from the National Highway Traffic Safety Administration or NHTSA show that there is somebody who meets car or vehicle accidents every 10 seconds.
The Law on the Motor Vehicle Accidents
Legal claims from motor vehicle accidents are basically covered by the law of negligence. The persons who operate these automobiles should practice “reasonable care under the circumstances.” Failure to apply reasonable care is referred to as negligence and the person who negligently operates an automobile may need to pay for any damages, whether to the person or property, that is cause by his/her negligence. The injured person called plaintiff need to show that the defendant is negligent and the negligence may be caused by the accident and this accident is caused the injuries of the plaintiff.
Motor Vehicle Accidents As Negligence
Finding out who is at fault in a traffic accident can contribute to determine who was negligent and in many instances, instincts may say that the driver, a cyclist, or pedestrian behaved recklessly, not with the rules that the person have violated. The lawyer will review some sources to help you discover who was at fault for your accident, like witnesses, police reports, and the state traffic laws.
The courts will look into several factors to know if the driver is negligent, and some of these factors include to one any of the following:
- Driving beyond below the posted speed limit
- Driving under the influence of alcohol or drugs
- Not following traffic signs and signals
- Ignoring the weather or traffic conditions
- Unable to signal while turning the vehicle
Common Causes of Automobile Accidents
Reckless Driving occurs when the driver may be held responsible for the accident as a result to his/her intentional or careless act. The reckless driver who drives unsafely and obviously ignoring the potential risks of accident. NHTSA describes aggressive driving as a development of illegal driving like:
- Speeding which refers to exceeding the posted limits or driving very fast for the conditions;
- Inappropriate or too much lane changing such as failing to give signal intent, failing to see that the movement may be safely; or
- Inappropriate passing which refers to fail to signal intent, utilizing an emergency lane to pass, or passing on the shoulder
Drunk Driving. Records show that there is somebody who dies during an alcohol-related accident in every 30 minutes. The previous year, it was recorded that there was more than one million persons who were injured in alcohol-associated traffic accidents. In lawsuits that resulted from drunk driving accident, aside from the liability of the intoxicated driver for the injuries he/she caused. The bar or the social host may be held responsible for the damages if they served the obvious drunk visitor who later drove and caused the accident. Since the person who served the drunk driver with alcohol may also be held accountable and it does not relieve the drunk driver of the responsibility.
Lawyers know about the laws that govern the legal responsibility and he/she can assist you in identifying who is liable for your injuries which include those persons or businesses you may not have thought of.
The Accidents That Do Not Caused By The Drivers Involved
In some cases, the accidents can be the results of the factors that are not related to the behavior of any driver. For instance, a vehicle accident may happen as a result of a defect in the vehicle. In this situation, it is the manufacturer of the vehicle or the supplier that may be held liable for the injuries caused by the defect in the vehicle under the law of product liability. The product liability lawsuit refers to charges filed against the seller of the product for selling a defective product that caused the physical injury to a consumer or user. When the manufacturer of the product makes a defective product, in product designing, manufacturing, or labeling the product, where the manufacturer is held responsible for any injuries the product caused, whether the manufacturer is negligent or not.
Other factors like improperly maintained roads and malfunctioning of the traffic control signals can also lead to cause accidents. Poor design, maintenance, construction, signage, lighting or other road defects like poorly placed trees and utility poles can cause more serious accidents. Government agencies may also be defendants where special rules may apply to the claims and charges filed against the government agencies. Proper legal advice is essential to preserve and win the appropriate claims.
Obtaining Legal Assistance for Motor Vehicle Accident Injury
If you or one of your family members suffered an injury caused by a vehicle accident, you must contact and discuss your case with an experienced lawyer who can help you ensure that your legal rights to compensation are completely evaluated and protected. The issues in your claim which include adherence with traffic laws, vehicle regulations, medical treatment issues, and liability concerns, all need the expertise of a lawyer who knows about vehicle accident liability.