How to Determine Liability in a Car Accident?

The Roth Firm

The Roth Firm

Determining liability after being involved in a Car Accident can be a very stressful experience, however, it is necessary to securing compensation if you believe the accident was caused by someone else's negligence. 

Although you may know without a doubt that you were not the one to blame for the car crash, it wil

l take more than just word to the insurance company to get the compensation that you are owed. 

When you are involved in a car accident and believe it was caused by someone else's careless actions, your best chance at determining liability and proving the other driver's fault is to hire an experienced Auto Injury Attorney to represent you. 

Your attorney will help to determine the liability of the other driver by: 

Proving Negligence 

Unless the person who caused the car accident did so intentionally, negligence is the legal term that is used when a driver breaches a certain duty and thereby causes damage and injury to another. This means that one driver failed to do something that they should have done and because of that failure, an accident occurred. 

Drivers have a responsibility to act with a certain degree of care when they are operating a motor vehicle.

To prove negligence, it must be proven that the other driver: 

  1. Could have avoided the accident by acting in a more careful manner.
  2. Breached their duty of care by acting in a way that was unsafe to themselves and others. 
  3. Directly caused the car crash by violating their duty of care. 

Negligence may be an obvious violation such as running a red light, but it can also be a subtler failure such as driving irresponsibly. 

When an accident occurs because of someone else's negligence, you deserve to be compensated for any losses that may have occurred during the accident. 

Proving Recklessness

When an accident occurs because another driver has complete disregard for the safety of other drivers on the road, they can be held legally responsible when an accident occurs. 

Reckless drivers include: 

  • Drunk Drivers
  • Drivers who are Drag Racing 
  • Drivers who are going 15MPH or more over the Speed Limit
  • Drivers who Intentionally Run Stop Signs and Red Lights
  • Drivers who are Cutting in and out of Traffic

Often in the case of reckless driving, the driver knew what they were doing was wrong, and they went ahead and did it anyway. You should not be held responsible when an accident like this occurs. 

Proving Intentional Misconduct 

Intentional Misconduct occurs when a driver acts maliciously or intends to cause harm towards another driver.

Similar to reckless drivers, drivers who are found to be guilty of intentional misconduct are almost always held fully responsible for any damages and injuries that they caused due to their malicious actions.  

Proving Strict Liability 

Proving strict liability is nearly impossible to do without the help of an experienced attorney. Strict liability has to do with an accident that occurred because of a defective product or fault in the vehicle because of poor manufacturing.

The manufacturer of the product will be directly liable for paying any damages or injuries that occurred as a result of the malfunction. 

Trying to prove that the manufacturer was at fault for the accident will take an attorneys skills and training.

The manufacturer will almost always have a team of lawyers on their side who are ready to defend and protect them. If you want to prove liability, you will have a much better chance with an experienced PI Lawyer on your side.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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