Who is at Fault For My Accident?
Many types of accidents happen on the roadways each year – anything from car and truck accidents, to motorcycle and bicycle accidents. The results are the same, however; too many people end up becoming injured or killed by the dangers. So, what determines who is at fault for many types of accidents? Where does negligence come into play?
Car Accidents and Negligence
First, it is a good idea to understand what negligence is and how it may play a part in your case. Negligence is the act of behaving in a thoughtless or careless manner, and causing harm or injury to another. Drivers are supposed to legally exercise a standard of care to others, and if this care is not evident, then they have probably acted in a negligent manner. There are some duties that a driver has to protect themselves and others from becoming involved in an accident:
- Reasonable Speed: Was somebody driving at an unreasonable speed during periods of heavy traffic, when visibility was low, or when the weather conditions were at their worst? Then the driver might have been negligent. You may have a case against someone who was even driving the proper speed limit if an element was off at the time, such as visibility, and a special caution should have been taken.
- Vigilance: As a driver, one should always remain alert and be careful to pick out other vehicles, pedestrians, and road hazards. If you don’t keep a proper lookout, then you could be deemed negligent.
- Maintaining Control: You must always keep your car under control. This applies especially to cases where you should be able to stop quickly without causing any type of accident. If you overturn or lose control for no reason, you may be negligent.
- Maintaining Use of Car’s Equipment: You are also liable to maintain a vehicle in safe and working order. As an example, your lights and brakes should always be working properly.
Other situations that may constitute negligence in a vehicle accident can include driving under the influence of drugs or alcohol, violating right-of-way rules that can include those pertaining to pedestrians, and driving on the wrong side of the road.
Car and Bike Collisions
A bicycle is actually considered a “vehicle” in almost every state, believe it or not! This means that bicyclists should always take precaution when operating their vehicle and follow rules that apply to every other vehicle they share the roadways with – cars, trucks, and motorcycles! If an accident occurs between a car and bicycle, fault will be concluded by determined negligence. There are some cases in which a bicyclist will be held liable; for instance, in a case where a cyclist runs a red light and is hit by a driver.
What Happens in Truck Accident Cases?
In truck accident cases, it may be difficult to understand who is responsible for injuries. The people involved in the accident may include the driver of the truck, the owner of the truck or trailer, the person or company that leased the truck, the manufacturer of the truck’s equipment, or the shipper or freight loader. If negligence has taken place in your injury claim, then you will need to know who was responsible for what.
If you have been injured in an accident on the roadway, your best bet is to speak to an attorney that you can trust with your claim. There are many determinations to be made about who is responsible and who will compensate you when all is said and done. You can call MDL for a free consultation today. We will begin working with you right away in your case and answer all the questions you may have surrounding a highly complex set of laws on liability. Call today!