There are many factors considered important for determining who is responsible for damages that occur to property, and/or injuries that are sustained by an individual, in an accident. For example, imagine a motor vehicle driver is seriously injured when another driver cuts in front of him/her, after turning onto the street.
The second driver may be found to be responsible if he/she was driving their vehicle at a high rate of speed, or if they made an illegal lane change before the accident. The driver responsible for paying for the damages caused by the accident in this case, is influenced by whether or not the second driver violated a statute, not necessarily by the common law definition of “fault”. Learn more about driver liability for car accident below.
Every state has passed multiple laws governing how drivers must drive their vehicles. When these statues are violated and the result is a car accident, that can change how fault is determined.
Some state legislatures, often persuaded by the automobile insurance industry, have made motor vehicle statutes a basis for car accident liability, rather than common law fault. This gives more of a chance to the insurers to challenge fault and liability, when the other person involved in an accident has violated a traffic law.
A motor vehicle driver who does not have liability insurance may not be able to get expenses for their damages and injuries, even if the fault is of another driver. Because of this, liability insurance is needed by every motor vehicle driver in all states.
In many situations though, fault can be determined by common law, and there are four levels of fault:
– The first one is the negligence or carelessness of a driver, which is the common cause of road and motor vehicle accidents
– Second is recklessness which is paying little attention or ignoring the safety of other drivers present on the roadways
– Third is intentional misconduct, actively seeking to cause harm
– The last one is strict liability or responsibility regardless of the fault. In some cases, strict liability can be imposed even when the driver is not at fault. This happens when the accident involves defective products or extra hazardous activities.
Motor vehicle drivers who have caused an accident have committed a “tort” or wrongful act against the other driver. According to the law, people responsible for the accidents are called “tortfeasors”.
Reckless misconduct, like driving under the influence, there is no question of fault. But, when it is a case of general negligence, establishing fault becomes more difficult. In cases where more than one driver is responsible, state law dictates how responsibility is apportioned.
If you or someone you love has been injured in any type of accident in Northglenn, Thornton, or anywhere in Colorado, and you believe someone else’s negligence is to blame, it is important to contact our experienced personal injury attorneys immediately.
This includes being harmed by a defective product, like a defective trailer hitch.
At Hull & Zimmerman, P.C., our committed personal injury lawyers are dedicated to the belief that everyone deserves justice. Contact us at (303) 423-1770 or (866) 385-3505. Proudly serving North Denver, Northglenn, Westminster, Thornton, Commerce City, Arvada and Broomfield.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More