There has been an increase in personal injury cases in America. This increase could stem from a hike in car accidents, opine experts. Statistics from the National Highway Traffic and Safety Administration reports that more that 30,000 Americans lost their lives in car crashes during 2012 alone.
Motor Vehicle Accident Laws
The law of negligence is evoked for car accident cases. Drivers are required to use reasonable care under the circumstances, says the law. If this guideline is not followed, then the negligent party will be ordered to pay for the costs of the wreck. This includes all of the damages to person or property. The injured party is called the plaintiff. The plaintiff has the burden of proof to show negligence on the part of the defendant. Personal injury lawyers such as Bienvenu&Montesi could be a big help.
Motor Vehicle Accidents And Negligence
The cause of the car accident has to be determined to find out who was negligent. The drivers probably know who is at fault. However, a police officer has to make an official report that will identify who caused the accident. While the report may name the negligent party, it may not include the laws that were broken. This is why it is so important to have counsel from a personal injury lawyer, such as Gatti or Keltner. They will use all of the information and laws to get the whole picture.
Injured parties file suits in court to get compensation. The court will consider all of the facts of the case to decide who was negligent in the wreck. The official report may document what traffic laws were violated, such as speeding or ignoring a traffic sign. Time of day, weather conditions, and traffic is also vital information. If a driver was under the influence of alcohol or drugs, the court will take note of it.
Common Reasons for Car Accidents
A majority of car accidents involve reckless operation. Drivers who are careless with their driving can be held liable for damages. Such disregard for traffic law and dangerous driving often results in accidents. Some common violations include speeding, failing to signal, improper passing, and aggressive driving.
Alcohol abuse has a hand in many car accidents. Many people are injured or killed in car crashes that are related to drugs or alcohol. Whoever was driving under the influence will be held liable for damages. There are cases where bars were charged with serving someone too much alcohol. The court also held the bar liable. Experienced personal injury attorneys can help determine who is at fault in a wreck.
Circumstantial Factors in Car Accidents
Sometimes, neither of the drivers was at fault in an accident. Defective vehicles may be such a case. The court could find the car manufacturer responsible in a product liability suit. The company may have used defected parts.
Road conditions are common reasons behind car crashes. If the local government did not maintain a road or traffic signal, the court may hold it responsible. It is difficult to file suit against a government body. Good legal advice is imperative in these cases.
Personal Injury Legal Advice
Victims of car accidents may have more questions that they do answers. They need an experienced attorney to review their claims. The attorneys can help to identify who is at fault and will represent the plaintiff. They will evaluate the merits of the case and will tell the client how to proceed to get a positive ruling.