At-Fault Car Accident Claims
Holding the Other Driver Accountable for Your Injuries
Every state has slightly different laws concerning car accidents. In an "at-fault" state, a person who has been injured in a car accident may be able to seek financial compensation from the driver that caused the accident. This is typically covered by the driver's auto
insurance policy, though there are some cases where an injured party may be able to seek compensation from other sources as well. Compensation may be awarded for economic damages such as medical bills and lost earnings and non-economic damages such as emotional trauma and pain and suffering.
Determining and proving fault will be an important part of your car accident case if you live in a state that handles auto accident claims on an at-fault basis. Negligence is typically grounds for these claims. Negligence may be described as an action or inaction that results in a failure to act with proper caution or care, under the circumstances. Let's take a closer look at this concept. Drivers have an obligation to obey traffic laws. They are also required to drive with reasonable caution and care for the safety of others. There are a number of specific acts that may be considered negligence and may therefore provide an injured party with sufficient grounds to seek compensation for his or her injuries:
- Running a red light
- Speeding
- Texting while driving
- Driving recklessly
- Driving with broken headlights or taillights
- Weaving in and out of one's lane
- Following too closely (tailgating)
- Failure to yield the right of way
- Driving while distracted
- Driving too fast for current weather/traffic conditions
Third Party Liability
There are cases where the
other driver may not be to blame for a car accident and a third party may be responsible. This may occur if a
defective auto part contributed to the accident or if an accident was caused by a
dangerous roadway. In these cases, the manufacturer or local government may be held responsible, but this will vary on a case by case basis.
Proving Fault in a Car Accident Claim
In order to prove the fault of another party in an auto accident, it may be necessary to conduct a thorough investigation into the matter. If you hire a car accident lawyer, he or she may have access to expert witnesses and professionals in accident reconstruction, forensics, private investigation and other relevant fields. By reviewing the scene of the accident, damage to your vehicle, police reports and testimony by witnesses, it may be possible to build a compelling case that proves that the other driver or perhaps a third party was to blame. This is crucial if you live in a state where car accident cases are determined on a fault basis.
Find out more about your right to compensation and whether another party can be held accountable for your injuries. Click here to find a local car accident lawyer.