Liability refers to the person or party who has caused an accident and is legally responsible for the damages. Liability can be assigned to a driver, a passenger, the owner of a vehicle, or other parties. When determining liability, courts examine all facts of the case and decide on account of negligence.
It means that if it can be shown that one party was at fault due to their negligence, then they are liable for causing damages. Liability in car accident cases is very complicated to establish, and it is crucial to hire an experienced attorney for legal assistance throughout the legal proceedings.
Common Types of Car Accidents
There are many instances where car accidents occur. The type of crash can play a crucial role in identifying the at-fault party. Common types of car accidents include:
- Rear-end collisions
- Intersection accidents
- Damage to parked cars
- Rollover collisions
- Pedestrian accidents
Unfortunately, hit-and-runs continue to be common. These are accidents in which a vehicle or driver flees the scene without reporting the crash. If you were the victim of a hit-and-run, contact a car accident lawyer immediately, as these types of cases tend to be more complex.
A victim struck by a car can claim damages against the person responsible for causing the accident. The other driver, however, typically claims that they were not at fault. That is why you should work with a lawyer. Your attorney can help you find the evidence you need to prove that the defendant is liable.
Establishing Liability
Establishing liability can be a collective task; your attorney and the insurance companies may collaborate in determining fault. To do so, they rely on the available evidence. Some of the most important documents they base the decision on are:
- The police report
- Medical records
- Witness statements
- Photographic and video evidence
To build a strong case against the defendant, you must collect a wide range of evidence. Your lawyer can guide you through the process. It is crucial to gather any documents linked to the crash as these will shed more light on the event and its consequences. Your legal team can help you gather evidence, interview witnesses, and conduct depositions.
A car accident attorney from GKBM will be able to determine negligence and liability in a car accident and help ensure that the victim is compensated adequately. It is crucial to seek medical attention immediately following an accident and to document that the accident occurred. In many cases, the police will be able to come out and examine the damage caused by the accident.
Recoverable Damages
When the person who caused an accident is found at fault, they must pay all damages caused by their negligence. These damages can include:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
There are instances where punitive damages may have to be paid, although this is rare in car accident cases unless an individual has been convicted of a serious crime. After reviewing your case, an attorney can determine if you would qualify for punitive damages.
Seek Legal Guidance
If you have suffered injuries because of someone else’s negligence, you need to know that you have the right to seek legal representation and hold the party responsible for causing the injuries financially accountable for the damage incurred. A car accident lawyer can help you get fair compensation for the injuries and damages you suffered.
No one wants to be or expects to be in a car accident, but we can all fall victim to these types of accidents. They are unfortunate, but they do happen, and when they do, you have the option to report it and seek some legal action for compensation for your damages. If you have been injured in a car accident and are seeking legal assistance, it is best to speak with attorneys immediately.
About the author:
Early in his journalism career, Kerry Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.
