Automobile accidents attribute to the most of the personal injury claims in the U.S. A National Highway Traffic Safety Admistration (NHTSA)Statistic shows that every 10 seconds someone in the United States is involved in a car accident, Motor Vehicle Accidents and the Law.
Negligence law typically applies to Legal claims arising from motor vehicle accidents. Generally,"reasonable care under the circumstances" is the doctrine applicable to automobile drivers. A failure to use reasonable care is considered negligence. Negligent operation of a vehicle may require a person to pay for any damages, either to a person or property, caused by his or her negligence. The plaintiff carries the burden of proof which requires him to prove that the defendant was negligent, that the negligence was a proximate caused of the accident, and that the accident caused the plaintiff's injuries.
Determining who is at fault in a traffic accident is a matter of deciding who was negligent. Often times, basic instincts tell you that a driver, cyclist or pedestrian acted carelessly, but determining what rule or rules were violated are not as easily determined. An attorney will investigate the circumstance and a number of sources to help you determine who was at fault for your accident(including police reports, state traffic laws, and witness reports).
Courts look at a number of things before determining negligence. Some of these factors include:
*Disobeying traffic signs or signals
*Failing to signal while turning
*Driving above or below the posted speed limit
*Disregarding weather or traffic conditions
*Driving under the influence of drugs or alcohol
*Other Common Causes of Automobile Accidents
One party in the accident may be liable for an accident due to his or her intentional or reckless conduct. Reckless driving entails unsafe driving with clear disregard for the probability that such driving may cause an accident. A good definition for aggressive driving is the progression of unlawful driving actions such as:
Speeding, improper or excessive lane changing,failure to signal intent, failing to see that movement can be made safely, improper passing(failing to signal intent, using an emergency lane to pass, or passing on the shoulder). Other automobile accident related issues include:
Whiplash-related injuriesCar Defect InjuriesMotor Vehicle Accident Insurance Claims
