A number of factors come into play when it comes to determining faults and liabilities in car accidents. The decision on who pays damages, the victim or the one who caused the accident is mostly determined by vehicle statutes in the state you are in rather than the traditional law. Some of these can include:
Determining driver negligence
The main thing that needs to be determined to prove driver negligence is to prove who was negligent in the first place. The driver of the car is usually the one at fault in car accidents but they have to be under the influence of an intoxicating agent to be deemed negligent. Since a car is heavy machinery with the potential to kill if it is mishandled, if it is involved in an accident then the driver is obviously at fault.
However, the most common act of negligence in car accidents is inattentiveness on the road. If the driver takes his/her eyes off the road for even a second it has the potential to cause a serious accident. Some of the ways this can happen and which can land the driver in court include:
- Checking their cell phone while driving
- Distracted by something on the roadside
- Texting while driving
- Changing the radio station
- Adjusting their seat while driving
- Looking at a map or paper while driving
And other distractions that can cause them to take their eyes off the road or their hands off the steering wheel. Each state has its own laws which regulate the way each driver handles their vehicle. While some are part of common law others are usually initiatives.
The main thing you need to remember is that if you violate any of these you will be tried and found guilty. For example, if the state you live in has strict helmet laws and you got into an accident without one, then you can be found at fault even if you didn’t cause it. In this case both you and the driver may be deemed negligent and the driver might be able to prove that the cause of the injuries was not the direct result of the accident.
Car Accidents | Attorney Javier Marcos
Whether you have been in car accidents, are the injured party or need to prove your innocence, Attorney Javier Marcos can help. Our attorneys have years of experience defending clients in court successfully and will ensure that you get the damages you deserve. Car accidents can debilitate you more than physically after all. The loss of income you might suffer from can make life very difficult for months depending on the severity of your injuries.
To get in touch with Attorney Javier Marcos, dial 713.999.4444 for fee consultations. We are so confident in our capabilities that we offer a money back guarantee as well. Call us today and find out how we can help you make a solid personal injury case for yourself.