Establishing who is at fault in an auto accident |

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Establishing Fault for a Car Accident

Negligence, reckless driving, drinking, defective products, there are a variety of factors which can contribute to a car accident. Negligence can include speeding, inattentive driving, talking on a cell phone, changing a radio, or running a red light. More serious reckless actions can include drinking and driving or intentionally injuring another person.

Defective products can also contribute to car accidents. Drivers or passengers who are injured from a defective tire or any other third party product may be able to hold the manufacture of the product legally liable under strict liability laws.

Filing a Personal Injury Claim after a Car Accident

Personal injury lawyers can help determine who may be at fault for your car accident injuries. Car accidents may be caused by one or more drivers failing to follow driving laws or statutes. Some states have passed no-fault laws which do not require fault to be established, but rather each insurance policy pays for the cost of the car accident injuries up to a set amount, regardless of fault. State laws vary but compensation usually includes lost income and medical benefits which are paid based on the injury or up to a specified monetary limit.

Other states require financial losses to be paid by the at-fault driver’s insurance company. Compensation payouts may (in some states) be adjusted based on the amount the injured party contributed to the car accident. Some states allow additional personal injury claims to be filed against the at-fault driver if they fail to carry adequate car insurance. Personal injury lawsuits may, under these conditions, allow the victim to recover payment for their car accident injuries and property damage.

Hiring a Personal Injury Lawyer

Certain car accident injuries have long-term costs that car accident victims are unable to calculate. If you suffer a severe back injury you could miss weeks or months of work. What if you have to have surgery? Contact a personal injury attorney prior to accepting any car accident settlement offers from the insurance company. Allow an attorney to review your medical documentation, review the accident reports, hear expert testimony about your injuries and work with the insurance company and their adjusters to make sure you get a fair insurance payment.

Defective product injuries may also allow you to receive compensation from the manufacturer of the product. Strict liability can be complicated. If you have been injured by a defective product, contact a car lawyer if you have been injured by a third party product.