What Constitutes Fault in a Car Accident Lawsuit?

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Car Accident Lawyer
Car Accident Lawsuit

Car accident lawsuits revolve around the legal notion of “negligence”. A person can be found responsible for accident-related losses if a court of law finds that it happened due to the negligence of that party. People who can be negligence in car accident lawsuits can comprise other drivers, cyclists, pedestrians, carmakers, and government entities.

Negligence happens when one fails to act with a level of reasonable care, legally expected out of them under particular circumstances. For example, each driver has legal duty to operate her or his vehicle in a reasonably safe way to prevent an injury to others. In case a driver of a car acts in an unsafe way that causes an injury, then she or he can be found to be legally negligent, and thus, at fault in the accident.

There are different types of negligence that possibly can cause traffic-related crashes. Some of them are as follows.

  • Driving under the influence: This can comprise driving under drug influence, driving above the legal blood alcohol content limit, or driving even if there are indications of impaired judgment.
  • Distracted driving: The most recent and common form of such driving is texting or using a phone. Yet several other activities can cause distractions comprising drinking or eating, taking care of kids in the backseat, personal grooming, etc.
  • Aggressive driving: Driving through traffic in a bustling metropolis like California can be a bit of a long haul. When driver’s impatience becomes aggression, it can possibly lead to dangerous behaviors comprising tailgating, extreme speeding, cutting off other vehicles on road, or threatening other drivers.
  • Violation of traffic laws: There are hundreds of laws in the California Vehicle Code. Violating any of them can potentially cause road accidents.
  • Defective automobile parts: In case a car’s manufacturer sells a car or its parts that are defective, malfunction can cause an accident and its manufacturer may be found liable for the mishap.
  • Dangerous roads:Government entities have the responsibility to keep roads safe via inspection, maintenance, as well as repair. In case potholes or other unsafe hazards on road cause an accident, the system could be held legally responsible due to the negligence on its part.

Mentioned above are only some examples of negligence, which can lead to car accidents. In case you give enough proof of another party’s negligence, that party will most likely be found liable for the mishap and for injury-related losses. Proving it in a court of law can be tricky. That is where an adept car accident lawyer with sufficient experience in personal injury litigation can step in.

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