Car Accident Basics
Motor Vehicle Laws
The legal profession uses the law of negligence in deciding motor vehicle accidents. The law states that those who operate a vehicle must do so in a reasonably careful manner. If the motorist does not use “reasonable care,” he or she can be accused of negligence. A driver who is determined to have operated his or her vehicle negligently may be ordered by the court to pay for any damages that resulted from his or her actions. These damages may be to people or property.
The person who was injured in the accident will be known as the “plaintiff” in court proceedings. It will be the plaintiff’s duty to demonstrate to the court that the defendant was negligent and that this negligence caused the accident. As a result, the accident caused the plaintiff’s injuries.
Negligence
When determining who was negligent, lawyers must determine which rule a driver, cyclist or a pedestrian violated that caused the accident to happen. In order to do this, the attorney examines several sources in order to discover who was at fault. These sources include the police reports, the laws of the road and witness statements.
The court will use several pieces of evidence to determine negligence, and they can include the following:
- Failing to stop at stop lights and stop signs
- Neglecting to signal before making a turn
- Driving too slowly or too fast
- Not driving more carefully when it is raining or snowing
- Ignoring the flow of traffic
- Driving while intoxicated
Aggressive Driving
The National Highway Traffic Safety Administration (NHTSA) defines an “aggressive driver” as someone who performs a series of unsafe actions, such as speeding, making several unsafe lane changes and passing other drivers by way of the shoulder, median or emergency lane without signaling the intent to do so.
Drunk Driving
A person dies every 51 minutes in an alcohol-related crash, and another 1 million people are injured. The intoxicated driver, of course, will be found liable for any injuries caused during an accident, but a bar owner or a social host can also be found liable if he or she continued to serve alcohol to an already drunk individual.
Non-Driver-Related Factors
The vehicle may have a defect that caused the accident to occur. In that case, the car’s manufacturer or supplier would be determined to be liable for any accidents. In this instance, the lawyer would bring a product liability lawsuit against the person who sold the defective part.
Free Consultation
you or a loved one were involved in a car accident, it is imperative that you contact an auto accident attorney. Your attorney can help you determine who was at fault. Contact an attorney for a free consultation today.
Learn More
Are attorneys that handle motor vehicle accidents the same? The answer is no. Take your time when it comes to signing with a law firm. Speak with an attorney who
Head injuries such as concussions or brain injuries happen in bad accidents or in minor collisions when people do not wear seat belts. Back injuries such as herniated discs or spinal cord damage may happen due to impact. Whiplash and traumatic cardiac arrest also occur in some instances. Sprains, strains, lacerations and broken bones are common in the extremities. Emotional distress is also a form of injury that accompanies many accidents even if the physical injuries are not severe. This type of injury also occurs in witnesses who see a collision or its traumatic consequences.
If a second motorist directly caused the collision, you should make sure you get the driver’s insurance information. The insurance provider will want to record an official statement. Do not give any statements without speaking to an attorney first.
The policy should at least cover the state
After a car crash, you may feel disoriented, and some of the details from the accident can be a bit hazy. This includes remembering who is at fault for the crash, which you will need to prove. If you are unsure, you must find out to determine who is liable for any injuries and property damage.
If you’ve been involved in a car accident in the Orlando area, an attorney can help you seek compensation. Florida Law can be complicated---and it may be difficult to know the proper steps when you are the victim of a vehicular incident.
If you were ever hurt in a car accident and accumulated medical bills, you probably wish you knew about PIP.
If you live and drive in the United States, you need to know how the state you live in impacts your auto insurance.