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Car Accident Liability: Who Is at Fault?

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Car crash dangerous accident on the road. SUV car crashing beside another one on the road.

Motor vehicle accident is a complex type of personal injury claim as it can be challenging to determine liability. Several parties may be found responsible. Nonetheless, fault must be established to determine who will compensate a victim. This guide discusses who may be held liable in a car accident. Read on.

Driver

If you are involved in a car accident caused by another driver due to negligence, they may be at fault. Examples of negligent actions on the road include distracted driving, speeding, driving under the influence, running a red light, and not signaling properly. A lawyer can help you collect vital evidence to prove such negligence.

However, in some instances, you may also be found responsible, particularly if you exhibited any negligent activity, such as speeding.  Moreover, if someone else, other than the owner, was driving the car, they may be held personally responsible.

Owner

A car’s owner will automatically be responsible for an accident if they cause it due to negligence. However, they can also be liable even if they were not driving the car. For example, if they allowed someone drunk, exhausted, or unqualified to drive their car. Conversely, they may be protected from liability if they can prove the negligent party did not have permission to drive the car. In that case, the driver may be required to compensate you.

Manufacturer

If you are involved in an accident caused by your car or the other party because of a defect, the respective manufacturer may take responsibility.  Examples of vehicle faults include steering, computer, airbag, tire, seat, seatbelt, brake, fuel system, and wiring defects.

Car manufacturers have a duty to provide customers with quality and safe products. Therefore, a defect in a vehicle that resulted in an accident may attach liability to the company, whether they knew about it or not. Your lawyer and the other party’s may work together to obtain relevant evidence, creating a strong case.

Furthermore, some vehicles are developed by multiple manufacturers. Thus, an individual part manufacturer may be found responsible. Other parties that can be liable are a car dealership or any company that was in the chain of distribution.

Local Government

Your local government may also be answerable for injuries or damages you get from a car accident. The first scenario is if a government car caused the accident. It is uncommon for government vehicles to be involved in accidents, but if this happens, procedures will be followed by the particular authority to compensate you. However, the driver should have been acting within the scope of their employment for the government to be liable.

The second circumstance is an accident caused by poor road conditions. This includes potholes, cracks, an extremely narrow road, missing guardrails, poor signage, and debris. These elements can cause you or another driver to lose control, leading to an accident.

Additionally, your city authority may be held accountable if you get into an accident due to a traffic light malfunction. For example, if you and a driver from the opposite side get the green signal simultaneously.

It is crucial to hire a lawyer sooner in liability cases involving the government. This is because they can have shorter deadlines and strict requirements. 

Moreover, government work encompasses numerous bodies. Hence, it can be challenging to find out who is at fault. An attorney can help you find the agency in charge of the road or traffic light in question. Besides, they will gather evidence to prove that the dangerous condition existed for an extended period, therefore, the agency should have recognized and repaired it.

Medical Practitioner/ Manufacturer

If you cause an accident after undergoing treatment or taking medication and you were not cautioned against driving, you may have a claim against the medical practitioner or manufacturer. The treatment or medicine may have caused drowsiness, low blood pressure, blurred vision, nausea, hallucinations, and impaired judgment. A lawyer may be able to prove that such information should have been, but was not shared with you.

If you are involved in a car accident due to negligence, you need to determine liability. Consequently, it will be best to hire a reliable personal injury lawyer to collect evidence, find out who was at fault, and help you receive fair compensation.    

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