HomeLawHow Liability Is Evaluated In Car Accidents

How Liability Is Evaluated In Car Accidents

Car accidents are a widespread occurrence in the United States. Millions of crashes occur, and thousands of individuals are injured or lose their lives. If you are involved in a car accident, contact a car accident lawyer Columbia City to establish liability and determine who is responsible for the damages. In order to do this, numerous factors are needed to consider to determine who was at fault. It includes the conduct of both drivers, the condition and speed of the vehicles, the weather and road conditions at the time of the accident, and other factors.

How liability is evaluated in car accidents

To evaluate liability, the first step is to determine who had the right of way at the time of the accident. If any of the drivers fail to yield, the right of way to another driver will be held liable for the accident. Also, if any driver was driving recklessly, seeding, or negligently operating the vehicle, they could also be held responsible. 

Sometimes it may happen that the driver who caused the accident may be held entirely liable for the damages. It is known as “strict liability,” which means that the driver is responsible for every damage regardless of the other driver’s conduct. However, it is also common to share some degree of fault by both drivers. In such cases, the court will use a “comparative negligence” system to assign fault percentages to each driver.

After the liability is determined, the court will calculate the damages each driver is liable for. Damages include medical bills, lost wages, property damages, pain, and suffering. The court will also consider any insurance policies the driver may have and any other evidence of fault presented by either party. In some cases, the court may also assign punitive damages. It is an additional amount of money awarded to the victim as a way to punish the negligent driver and prevent similar behavior in the future.

In rare cases, a third party can also be responsible for damages. It may include the manufacturing company of the vehicle, a faulty repair by repairing shop, or hazardous road conditions.

It is important to hire an attorney after an accident because the number of damages awarded can be affected by various factors. Even if you have income protection insurance, a piece of legal advice can go a long way, as some processes and paperwork may be too complex for a non-law person to understand. Your attorney will make sure that you receive the compensation you deserve. They will determine who was at fault, evaluate the circumstances of your case, and fight for the compensation you need to cover your damages.

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