According to 2016 data from the National Highway Traffic Safety Administration (NHTSA), at least 37000 people lost their lives in car accidents. For sure, there are many more who got injured. And such injuries require time and money to completely heal.
Luckily, the law has provisions that allow car accident victims to collect payments from those who caused the accident. However, determining who’s at fault in an accident can sometimes get tricky. Discussed in the subsections below are some of the most common accident scenarios. We also include a brief discussion of who’s going to get the blame in each case.
Accidents caused by faults or issues in the vehicle.
In principle, the driver is the one responsible for the vehicle that they are driving. The driver is in charge of making sure that it is in good condition at all times. The driver simply cannot escape liability by saying that the machine has faulty controls.
If the driver is an employee of someone else, the victim and the law can also hold the employer liable if it is proven that the employer is negligent in maintaining a fleet or single vehicle. If the employer had been informed about the issues with the vehicle, but they still pushed through with the decision to use it on the road, then there is probable negligence on their part. They must be made to face the consequences.
Accidents are caused by drivers who are distracted.
Texting, reading a book, looking at maps, or even taking a call are things that any driver should not do when they are on the road. Attention is limited, so it must be focused on the road not only to ensure the driver’s own safety but also that of others. If the driver willfully disregards safety precautions and causes an accident in the process, they will be deemed to have committed a ‘tort’ or private wrong against another.
Under the law, they can be prosecuted and be made to pay for the damages that they caused.
Accidents are caused by uneven roads or missing traffic signs.
There are traffic laws that everyone must abide by. To be fair to the road users, these rules must be clearly communicated to them. If it is seen via police investigation that the accident is caused by a missing traffic sign or a malfunctioning traffic tool, then the agency concerned can be held liable.
It is their duty to put up, repair, and make sure that traffic aids are functional at all times. It’s going to be an uphill battle, but it surely is going to be worth the price. Public service, after all, is not something that should be taken lightly.
It is important that you contact your car accident attorney when you get involved in an accident, especially if you are not the one at fault. Yes, you have rights, but it is your responsibility to act upon them. A good car accident lawyer will tell you how to appropriately do so.
Share
Contributors
