Determining Fault in a Car Accident


Those who are hurt in a car accident may wish to file a personal injury lawsuit with the intention of obtaining compensation for damages arising from the crash. However, a driver still has to prove that the other driver or some other person actually caused the crash to happen. How is this done?

Was the Other Driver Going Too Fast for Road Conditions?

In most cases, a driver has to stay at or below a posted speed limit. However, inclement weather or heavy traffic could change what is considered a safe speed for road conditions. During a snow storm, you could be driving significantly less than the posted limit and still be driving too fast to be doing so safely. If there is heavy traffic on a road or highway, the other driver may not be driving in a safe manner unless he or she was keeping up with traffic regardless of how fast or slow it is going.

Was the Other Driver Impaired?

Those who drive under the influence of alcohol or other illegal substances could be at fault for any accident that they cause. If the person who hit you was under the influence of a substance, he or she is likely acting in a negligent manner and considered at fault for the accident.

Was the Other Driver Distracted?

Distracted driving can take a variety of forms. For instance, an individual could be distracted just by thinking about work while on the way to the office. A driver may be considered distracted because he or she changed the radio station or because he or she was responding to a text message when an accident happened. Those who are distracted prior to an accident are generally considered to have caused it.

Did the Other Driver Attempt to Make a Turn?

If a driver makes a left turn across another lane of traffic and an accident occurs, the driver who made that turn is at fault. This is because the driver who is already in his or her lane would be considered to have right of way. The only time a driver can turn left is if he or she has a green arrow at a traffic light or no one is coming from the opposite direction.

Those who have been hurt in a auto wreck should call a car accident lawyer like today. An attorney may be able to review the case to determine who was at fault and figure out how to get an injured victim everything that he or she may be entitled to. Cases may be resolved through a trial or a settlement depending on the facts of a given case and the wishes of the plaintiff.

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