Car Accident Basics

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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.

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Main Office: 200 E. Robinson St. Suite #250, Orlando, Florida 32801. Attorney Jeffrey Kaufman, Licensed in Florida Disclaimer: the purpose of this site is to provide information about legal options, not to provide legal or professional advice. You should not assume that the information on this site applies to your case without consulting with an attorney first. Requesting an initial consultation does not create an attorney client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement.

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