Who Is At Fault? Motor Vehicle Accident Liability
30, October 2009
Determining fault in auto accidents can be straightforward. A driver ignores a traffic signal, hitting the side of a car in an intersection. Cell phone use distracts another driver who veers into the lane of oncoming traffic. A driver speeding along under slick road conditions cannot slow down in time to avoid the car ahead.
However, more complex issues of fault should be raised by the injury lawyer you will hire to manage and try your case. A car that crosses over into another lane when the tire blows may mean the accident resulted from the tire’s defect, not the driver’s operation of the vehicle. Cars collide at low speed, but the collision results in an explosion—that may be the result of a defect in the design of the car. SUV rollovers illustrate another type of accident where the driver is not automatically at fault.
Determining fault does not always establish a person or party liable for payment of damages or injuries. It remains the first and very important step toward obtaining a recovery. Rely on a qualified Fort Lauderdale car accident lawyer to help you determine fault.
Rosenberg & Rosenberg helps victims of motor vehicle accidents receive compensation for damages caused by an accident. These damages can include the following:
- Medical bills
- Rehabilitation expenses
- Lost income (both immediately following the accident and for future lost income if you cannot go back to work)
- Pain and suffering
Motor Vehicle Accident Liability
Four levels of fault
The person or entity responsible for causing the accident bears the responsibility for compensating you for your injuries. In its purest form, fault for causing an accident is either created by statute or defined by common law. Common law recognizes four basic levels of fault:
- Negligence. Careless or inadvertent conduct that results in harm or damage. The majority of auto accidents stem from negligence in both active and passive forms of fault. A driver who fails to do something (e.g., yielding a right-of-way) is as liable for that omission as the driver who ran a red light.
- Recklessness or wanton conduct. Willful disregard of conditions that may cause harm or result in damage. In accidents involving inherently dangerous product, strict liability may be imposed.
- Intentional misconduct. Driving under the influence of drugs and/or alcohol removes question of fault and places it solely on the individual who was driving under those conditions.
- Strict liability. Irrespective of fault.
A thorough investigation helps define fault
Thorough accident investigations allow your personal injury attorney to isolate key evidence that proves who was at fault in the accident and to what extent. Key pieces of evidence can be obtained from the following:
- Witness statements
- Damage analysis
- Police and medical reports
- Blood alcohol test results
- Cell phone records
- Road and weather conditions
The personal injury attorneys at Rosenberg & Rosenberg are experienced in the laws passed in the state of Florida that dictate the manner in which drivers must operate their vehicles upon public roads. Receiving financial payment for your damages requires skilled legal negotiation to make sure that you get a settlement on par with your needs. The personal injury lawyers at Rosenberg & Rosenberg protect your rights during all stages of the negotiations and argue claims that prove another party’s negligence and responsibility for the incident.
Rosenberg & Rosenberg, P.A.
Serving Fort Lauderdale, Miami, West Palm Beach, Hollywood, Palm Beach & Davie
