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Liability and Fault: Who Caused Your Auto Accident?

George Ford by George Ford
September 15, 2019
in Auto Accident
Liability and Fault: Who Caused Your Auto Accident?
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Most of the car accidents occur due to poor road conditions, driver negligence, or a defect or problem with one among the involved automobiles. Let us look at all these causes below.

Driver’s Negligence

The issues of legal liability and fault in most of the injuries related insurance claims as well as most of the auto accident lawsuits come down to proving who was careless.

In an auto accident case, one clear way that the driver can be careless is to be drunk or under the influence of the drug while driving; however, taking certain prescribed medication also can be careless. We are all probably familiar with commercials that teach us not to take medication while working on heavy machineries. Well, a vehicle is a heavy machinery. Hypothetically, if you get into an auto accident while taking any of those medications, then you might find yourself charged of carelessness.

However, a more common kind of driver neglect is the basic inattention to the road. Automobiles are heavy, big devices and lots of things happen on the roads. So, taking one eye off the road, just for a second, could be negligence. There are countless ways in which any driver can be quite inattentive. A few of them include:

  • reading a book or the newspaper
  • looking at someone or something by the side of the road
  •  looking at map or piece of paper
  •  changing station on the radio
  •  texting
  •  looking at cell phone
  •  adjusting seat
  •  getting something from your pocket
  •  looking in the back seat
  •  eating or drinking
  •  putting on makeup

An auto accident attorney uses all kinds of examples to prove carelessness in an auto accident case. In case you are struck by a driver doing any above actions at the time of the collision, which is evidence of improving your chances of good settlement.

On the other hand, if you cause car accident as you were doing one of the above-mentioned things, you can anticipate to be held accountable. Your insurance agency will be paying out on claim and raising the insurance premiums.

Poor Road Conditions

Of course, poor road conditions cause auto accidents. The poor road conditions may include:

  • sinkholes or potholes in the road
  • breaks or cracks in the road
  • a road in middle of construction
  • unlevel lanes in the road
  • confusing or poor street signage
  • narrow road
  • construction debris in road
  • lack of enough shoulder on road

If you get in an auto accident because of poor road conditions, then you may have claimed not only against other driver but against the governmental entity or agency also in charge of road.

Automobile in Bad Condition or Defective Automobiles

Defective automobiles are quite dangerous. Defects in the automobiles not just include problems with the ways that the cars came from the factory, but also issues that develop over life of that automobile.

Common problems with the automobiles that are probable to cause an auto accident include issues with the acceleration, braking, lights, or steering. If your automobile is showing sign of any such problems, you must get it checked as quickly as possible. If the mechanic tells that your automobile needs to be fixed, you must get it repaired. If you cannot afford to fix it, you must not drive it more. Knowingly driving an automobile in need of repairs is asking for problem.

And on the other hand, if you get struck by another driver, knowingly driving an automobile in bad condition, you shouldn’t have any problem getting the settlement which you’re looking for.

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