Car accidents occur when people least expect them and adversely impact the lives of millions of people every year. There are more personal injury claims filed for car accidents than any other type of personal injury. According to the National Highway Traffic Safety Administration, someone is killed in a car accident every ten seconds.
Negligence is a key factor in proving liability for a car accident. By negligence, we are referring to a lack of reasonable care. A person who negligently operates a car or other vehicle may be required to pay any damages caused by their own negligence, whether damages of injuring someone or for damaged property.
Factors Determining Negligence
A number of factors considered to be negligent may include, but are not limited to the following:
- Driving too fast or too slow
- Driving while intoxicated
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Disobeying traffic signals
- Failing to drive on the right side of the road
A driver may also be liable for damages caused by his or her intentional or reckless actions. A reckless driver is one who drives unsafely with willful disregard for the likelihood that he or she may cause an accident.
Car Accidents Resulting from Product Liability
In some cases, accidents are caused through no fault of any particular driver. For example, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile. A product liability suit is a lawsuit brought against the manufacturer of a product for selling a defective product that caused injury to a consumer or user. The manufacturer is liable for any injuries caused, regardless of whether or not the manufacturer was negligent.
Other Sources of Liability for Car Accidents
Also worth noting, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries. Other factors that may contribute to causing car accidents include, but are not limited to the following:
- Poorly maintained roads
- Malfunctioning traffic control signals
- Improper highway design or maintenance
- Construction hazards
- Improper signs
- Poor lighting
- Highway defects
- Improper striping on the road's passing lanes
- Sharp obstructions
- Roadway problems obstructing drivers’ vision
- Poorly placed trees or utility poles
If an accident is caused by a drunken driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident.
What to Do in a Car Accident
If you are involved in a car accident, it is extremely important that you take appropriate measures to preserve evidence, investigate the accident, and enable physicians and other experts to thoroughly evaluate your injuries.
Make certain your rights are protected and contact the Law Firm of Robert D. King Jr., P.C. at (317) 916-0000. The initial consultation is free and if we accept your case, we will only get paid if we get you money. Don't delay in protecting your rights.