Determining liability in car accident cases can be complex. This is because determining liability in car accidents and crashes requires careful analysis and detailed investigation, especially when there isn’t a clear-cut case of negligence involved.
In fact, sometimes drivers aren’t the liable parties at all, and instead, liability for a car accident can rest with manufacturers for faulty vehicles or parts.
Negligence and Liability in Car Accident Lawsuits
Determining who is liable in a car accident comes down to understanding negligence. When a reasonable person acts in a way that puts others at risk, that person is said to have behaved negligently.
People who behave negligently can be held liable for the losses and expenses that others suffer due to that person’s negligence. This is why personal injury lawsuits, particularly those for car accidents, truck collisions and accidents due to manufacturer defects, often rest on proving negligence.
In general, to determine liability in a car accident lawsuit, attorneys must be able to show that:
- The at-fault party was obligated to drive safely or be mindful of the safety of others at the time of the auto accident.
- The at-fault party failed to fulfill this obligation and, in doing so, acted in a negligent manner.
- That act of negligence resulted in harm to the injured party or parties.
- Those injuries resulted in expenses and losses for the injured parties that they would not have otherwise incurred.
Damages and Negligence in Auto Accident Cases
Determining who is liable in a car accident is just the first step in determining if damages can be awarded due to negligence. In fact, in some cases, liability may actually be shared between both or all drivers involved in a car accident.
Even drivers who are partly responsible for the car accident in which they are injured may still be entitled to partial compensation for lost wages, injuries, funeral costs and other expenses associated with the accident.
How much compensation one is entitled to often rests on the degree of fault they bear for the auto accident. For instance, someone who is found to be 25% responsible for an accident might still be entitled to recover 75% of their losses and expenses.
Get a Free Legal Consultation to Understand Car Accident Liability
If you or someone you know bear none or some liability for a car accident, call car accident attorney Karl Gebhard to understand your legal options. Karl Gebhard offers free legal consultations for all types of car accident injury claims, and he works on a contingency basis, so he doesn’t win until you do.
For your free consultation, call today at 414-873-6550.