Legal Guide

The Ins and Outs of Auto Accidents

Data from The Centers for Disease Control and Prevention (CDC), shows that 52% of all personal injuries result from auto accidents. So, if you are a driver on American roads, having a basic understanding of how to respond after an accident is of utmost importance.

This guide delves into the ins and outs of wow auto accidents, and it's an excellent read if you have been in an auto accident or want to stay updated.

Causes of Auto Accidents

Accidents don't just happen; most result from human error. Also, the majority of them result from driver error. Driver errors come in many forms, such as:

Distracted Driving 

Distracted driving is operating a vehicle while preoccupied with something else. Distractions can be visual, manual, or cognitive, where the mind strays from the road.

Impaired Driving

Impaired driving, also known as DUI (driving under the influence,) is a leading cause of accidents in the US, accounting for over 10,000 deaths yearly. While drugs are also a factor in DUI-related accidents, alcohol is the main culprit for impaired driving and causes approximately 29 deaths daily.

Speeding and Reckless Driving

In 2019, speeding was a factor in 32% of all auto-related fatalities, while reckless driving was a factor in 12%, making the two a leading cause of deaths on American roads. Speeding is going over the posted speed limit, while reckless driving is driving in a manner that exhibits blatant disregard for the safety of other road users.

Who Is Liable In an Auto Accident

Liability for auto accidents typically falls on the at-fault driver. But there are situations where the driver may not be liable in an accident. For example, an employee who is engaged in an activity within the scope of employment when the accident occurs will not be liable for an accident. Instead, liability will fall on the employer under the doctrine of vicarious liability.

Sometimes, an accident may not be a result of driver error. It could be caused by poor road construction, signage, or even a faulty part. In such a situation, the third party, which in this case will be the governmental agency for road maintenance or the faulty part manufacturer, will have liability in the accident. 

Proving Liability

To prove liability on the defendant's part, the claimant must prove negligence except when a defective part is responsible for an accident. The simplest definition of negligence is failure to exercise reasonable care for others, resulting in an accident and harm.

When proving negligence lawyers in insurance adjusters, we will consider several factors, such as failure to follow traffic rules, police reports, witness testimony, and expert witness testimony.

You Need To Have a Lawyer

"Proving the defendant liable is not as easy as it sounds. First, the opposing sides' lawyers will not accept it readily. Even when they could accept liability, you would still need to value your claim, which may be out of your purview, so it's always a good idea to involve a lawyer," says attorney Matthew Aulsbrook of Aulsbrook Car & Truck Wreck Lawyers.

Most personal injury victims avoid a lawyer for fear of the cost involved. But these fears are not based on facts. Car accident lawyers do not charge until the victim recovers their compensation. Also, industry statistics show that victims who involve lawyers in their cases have significantly higher chances of getting better outcomes than victims who don't. 

The quality of your legal representation also matters, so ensure you pick carefully. For example, you may want to pay attention to years of experience and specialization reputation in client reviews before hiring them.

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