Proving Liability after a Car Accident
If you have been involved in a car accident that caused an injury, you may have the opportunity to pursue a personal injury lawsuit in order to seek compensation for your damages as well as your pain and suffering. However, when dealing with this situation, you must be able to prove the negligence, or liability, of the other driver in order to receive any monetary recovery for the accident. How then, do you determine the liability in an accident?
First off, if the accident was caused by someone who was not driving carefully or less careful than you as the other driver in the accident, the one less responsible of the accident may have the opportunity to receive damages from the other. In order for this to happen, you will want the help of a skilled Raleigh car accident lawyer on your side to prove the liability of the other driver.
When determine liability, there are a few factors that must be taken into consideration. First off, if the injured victim was in an illegal location or otherwise was somewhere they shouldn’t be, then the person who technically caused the accident may not be considered liable because they did not have a duty or need to be careful when the accident occurred.
Next, if the driver who was injured was also careless in the accident they may still be entitled to some compensation from the accident, though not as much if the accident was not partially their fault. This is called comparative negligence when both drivers share the fault in an accident, though the uninjured party was deemed to be more responsible.
Employer Liability (Respondeat Superior)
In the event you were injured during an accident caused by a negligent driver as they were working for another person or company, the employer may also be brought into the case and held liable for the accident. Next, if you were injured as a driver in an area that was unsafe (such as a poorly maintained road or an otherwise dangerous situation) those responsible for the property may be held accountable for your suffering and damages.
Lastly, the accident may or may have not even involved another vehicle, and if a defective auto part led to your car accident you may be able to hold multiple parties liable for your accident and subsequent injuries. These parties can include your car dealer, manufacturer, repair shop, and others depending on the type of malfunctions that occurred causing your injury.
While a large majority of accidents are caused by one driver’s negligence; for example if they were under the influence of alcohol or they were texting while driving, not all accidents have only one liable party. Perhaps you were involved in a multiple car pileup; more than one party could have driving carelessly which caused the accident, and if this is the case you may be able to receive compensation for any of those who are deemed responsible.
For example, two vehicles could have been recklessly speeding or racing on the highway and while making unsafe lane changes the both collided with your vehicle and others, in this case both drivers would be considered liable.
In the event that you were in some way careless in the accident, your ability to receive the higher amount of compensation will decrease. If another driver is more liable than you, you may still recover some money for damages and injuries, though not the full potential if the accident rested entirely on them. Either way, if you have been involved in a car accident, contact the Whitley Law Firm today for the attorney you deserve on your side!