Who Caused The Car Accident?
In most cases, the liability for damages and injuries following an auto accident is all put on the driver that was at fault. However, this is not always the case. Most people talking to Detroit auto accident lawyers are surprised to learn that their cases much be much more complicated because the party at fault is not completely clear.
Most car accidents are caused by driver misconduct, negligence, bad road conditions, or vehicle defects/problems.
Driver Misconduct Or Negligence
Legal liability and fault in injury insurance claims are all about establishing negligence. In car accidents, the driver that causes the accident is usually the negligent party. In some cases, this is quite obvious. For instance, the driver was intoxicated. In others, an investigation is necessary to determine fault.
When some medications are taken before you drive, negligence might be the case. Also, inattention while driving is very common. If you take your eyes off the road, you can be considered as being negligent. Countless ways exist in which drivers are inattentive. This includes but is not limited to:
- Distracted driving – like when texting while driving
- Reading while driving
- Adjusting the seat
- Looking at something off the road
- Reaching for something placed on the back seat
- Putting on makeup
- Drinking or eating
- Shaving
Lawyers have the difficult job of proving negligence. When this is successful, there will be a much higher possibility that an accident settlement will be reached.
Poor Road Conditions
Different road conditions can become the cause of car accidents or at least play some sort of role. Examples include:
- Breaks or cracks
- Sinkholes or potholes
- Roads undergoing repairs
- Unleveled lanes
- Confusing street signs
- Construction debris
- Narrow roads
- Not having enough shoulder
- Flagperson offers bad instructions
When poor road conditions are involved in the outcome of the accident, claims against other drivers are still possible but you might also be entitled to compensation from the entity in charge of road maintenance.
Defective Vehicles
This includes poorly maintained cars. When you are in an accident and were injured because of a car defect, it is possible you have a case for product liability. However, it is also possible that problems appeared because the owner did not properly take care of the vehicle.
As an example, when breaks are worn out and the driver did not replace them, the driver is at fault.
The most common car problems that can cause accidents include problems with braking, lights, tires, acceleration, and steering. Whenever a vehicle shows signs of such problems, they need to be checked out. When the mechanic instructs the owner to do a specific repair, it needs to be done. If the choice is not to repair the car, the driver knowingly drives a vehicle that is a safety risk for others on the road.
Final Thoughts
Establishing the cause of car accidents is a very important part of the claims process. This involves a lot of investigation and so much proof needs to be gathered. Going through the entire process without the help of an experienced personal injury attorney can only need to huge problems.
