No, drivers that cause a car accident may not always be at fault. Determining fault for a collision is not always simple. There could be various underlying reasons that cause an accident to happen.
A collision may occur because of:
- The failure of specific vehicular components, such as faulty brakes or tires
- Dangerous road conditions
- An employer’s inability to properly vet or train drivers
There may be other circumstances that absolve a driver of responsibility when a car accident occurs. A car accident lawyer can conduct an investigation into the circumstances of your accident to determine fault and liability for your losses.
DRIVERS ARE USUALLY THE CAUSE OF CAR ACCIDENTS
The National Highway Traffic Safety Administration (NHTSA) conducted research into the causes of motor vehicle collisions. It found that drivers were responsible for approximately 94% of all collisions, meaning that it is usually a motorist who is at fault when an accident occurs.
There are many ways that a motorist can cause a collision, including by:
- Sending or reading text messages while driving
- Driving under the influence of alcohol or drugs
- Making illegal or dangerous turns
- Failing to properly secure cargo
- Driving without functional mirrors, headlights, or brake lights
- Failing to use turn signals when appropriate
- Disobeying traffic signals, such as stop signs, red lights, or yield signs
Determining fault and liability for your collision-related damages will depend on what type of accident you were involved in. For instance, in a rear-end collision, fault usually rests on the driver who rear-ended the driver in front of them. However, if a motorist braked suddenly, causing another motorist to hit them, assigning fault can quickly become complicated.
Drivers that cause a car accident are not always at fault. Every collision comes with its own unique set of causes and circumstances. Hiring a lawyer may be the first step that you take to determine who is at fault for a car accident involving you or a loved one.
A LAWYER CAN DETERMINE FAULT IN A CAR ACCIDENT CASE
The American Bar Association (ABA) lists three general standards for establishing fault when an injury or wrongful death occurs.
These standards are:
- Intentional wrongdoing
- Strict liability
For instance, let’s say that another motorist was texting at the time of your collision. They could be held financially responsible for your injuries under the principle of negligence. In this case, you would need to show how their reckless conduct resulted in your injuries.
However, if a faulty vehicular component caused your accident, the part’s manufacturer could be held accountable under the principle of strict liability. In this case, you would have to prove that the vehicular part in question did not work as intended.
If you work with a lawyer and another motorist is at fault for your collision, your lawyer can assert that they acted negligently by:
- Establishing that the party who caused the collision owed you a duty of care
- Showing that the party who caused your accident violated their duty of care
- Proving a link between the at-fault party’s breach of duty of care and your accident
- Showing that your accident has caused you to suffer financial losses
When you work with a car accident lawyer, they can explain the process of determining fault and liability for your car accident-related losses. They can also explain what evidence could serve your legal interests.
YOUR LAWYER WILL FIGHT FOR FAIR COMPENSATION
Your lawyer can review the receipts, invoices, and billing statements associated with your damages to determine the value of your case. From there, they will formulate a plan that works to recover compensation for your various collision-related expenses.
Your losses could include:
- Harm to your physical appearance
- The cost of medical care for your accident-related injuries
- Any income you cannot collect because of your condition
- Any permanent or long-term disability
- Damage to your vehicle
- The cost of rehabilitation for your physical and mental impairments
- Pain and suffering
You may be experiencing different losses if you lost a loved one as a result of a car accident. Your lawyer will argue for the compensation you deserve based on the facts of your case, whether through settlement negotiations or a lawsuit.
CALL LONCAR ASSOCIATES TODAY
At Loncar Associates, we can evaluate the circumstances of your car accident to determine who can be held financially accountable for your collision-related expenses. When you reach out to our team today, you can bring up any questions or concerns that you may have regarding your damages.
When you call Loncar Associates, you call in the Strong Arm. To get started, dial (800) 777-7777.