Car accidents occur all over the United States of America. In many cases, these matters are not resolved without the civil lawsuits that are instituted in the court of law. If parties decide to settle the matter amicably, there can be an out of court settlement. Car accidents will leave the driver that caused the accident liable for damages and any personal injury claims that resulted in the crash.
Typically the driver’s insurance company will be accountable to pay the personal injury claims that arise from such accident. A common question that arises is how do you ascertain fault for a car accident? The United States of America is divided into “fault” states and “no fault” states. An example of fault states include South Carolina, Alaska, Virginia, Texas, Colorado and California.
The determination of fault is the primary factor that will determine liability. In Car accidents, there is usually one party that deliberately broke the rules of the road and therefore, liability will pass to such individual. There are also other times in which there is no clear indication on who caused the accident. In these cases there are certain factors that an injured person must prove:
There was a violation of a duty.
The plaintiff has the responsibility to prove that the defendant was negligent. There will be an application of the reasonable person test to establish if a reasonable person would have behaved in that manner.
The accident caused injuries.
The negligence that resulted in such injuries must have been the direct cause of the car accident. Therefore it would not have happened if one party was more careful on the road. The plaintiff will have the responsibility of hiring an attorney to represent him in court. A major factor would be the presentation of evidence in court, this could be the means of using witness testimony, forensic evidence and car accident experts to establish the fault of the accident. The need of having solid medical evidence is also crucial to a case.
If you are a victim of a car accident. There are many factors that you will have to consider in terms of hiring a good attorney to represent you.