Determining Liability
Negligence and Car Accidents
Car accidents are the primary source of personal injury claims in the United States. In fact, the National Safety Council estimates that 2.2 million people have already been injured in traffic accidents during the first half of 2015.
Legal claims stemming from car accidents are governed by the law of negligence. Those who operate a motor vehicle must exercise a reasonable degree of care for others while doing so. Individuals who fail in this duty are deemed negligent, and therefore, liable for injuries and property damage caused by their negligence.
As with any type of accident, determining liability in an automobile accident is a
matter of deciding who was negligent. In many circumstances, common sense will seem to dictate who was at fault. It will not, however, tell you precisely which law or laws were violated. Your attorney, and the courts, will examine a number of factors, including:
- Whether traffic signs or signals were disregarded,
- Whether someone was driving below, or in excess of, the posted speed limit,
- Whether someone was driving while distracted or impaired, and
- What the traffic or weather conditions were at the time of the accident.
Liability for a car accident is determined by analyzing the circumstances surrounding the accident. In determining liability, your attorney will consider the police report, relevant traffic laws, and witness reports.