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Who Is Liable if I Sustain an Injury or Property Damage in a Car Accident?

The province of Pinellas, where Clearwater is located, sees on average 18,500 crashes every year caused 10 904 injuries and 116 deaths . Irrespective of whether the victims of these accidents suffer minor injuries, such as bones, which generally heal rapidly, more serious injuries such as spinal cord injury or traumatic brain damage that can seriously affect the long-term life of the victim, medical bills are fast attached after the accident. No matter who caused the car accident, you have to live with the damage to your body. However, this does not mean that you are solely responsible for your medical bill and other costs incurred by the injury. Working with an experienced personal injury lawyer can help you identify who can be held responsible, and usually increases the odds that the responsible person provides you with financial compensation. However, a good understanding of legal responsibility will help you assess your accident and find out who is responsible for your injuries. Here are the basics of legal liability

Definition of Responsibility

The concept of responsibility begins with defining a “duty of care” and how it affects you and others involved in a car accident. In general, individuals are obliged to take care of others without causing them undue harm. Consider liability and duty of care in the event of an accident:

Who owes you during a duty of care obligation? Every driver is obliged to take care of every other driver on the road. Drivers must follow the road rules, pay attention to other drivers and keep their eyes open for pedestrians. They must take into account motorcycles, cyclists and small vehicles as well as large ones. However, drivers are not the only ones who are responsible for other people on the road. Employers with Road Drivers Government Bodies Responsible for Road and Environment Maintenance Alcoholic Beverages and Restaurants Vehicle Manufacturers Car Repair and Mechanics

Who Breached the Accident Responsibility An irresponsible driver does not cause an accident. In some cases, the driver can do everything right, but still hit another vehicle. In other cases, the driver may break the traffic laws or ignore the accident to his environment. In order to find out who is responsible for your car accident, you need to determine who broke his maintenance obligation in the event of an accident. In some cases, this may include multiple individuals or entities, not just the driver.

Has this duty of care led to injuries? Imagine the following: the car ran in red light, barely missing your car. You were at the back but undamaged. The actual injuries occurred when the spiral of the ankle or knee out of the accident site. Although drivers are responsible for other road users, they are not responsible for any errors or damages that are not related to the accident. If you want to give the driver responsibility, you must prove that his negligence caused the injury.

What were the personal injuries? In order to transfer responsibility, you must have special injuries and / or damage. Destroyed vehicle or other property, personal injury and continuous trauma; However, in order to prove liability, you must determine these injuries.

By answering these four key questions, you can better assess your responsibility in the event of a car accident. The answers given to these questions can help you and your lawyer to move more efficiently into your lawsuit or increase the odds that you can successfully collect in the event of a car accident. If you are unable to determine who was responsible for taking care of you and who broke it during an accident, working with a lawyer is a very effective way to assess your accident and better understand who can be responsible for your injuries.

Who Is Responsible?

Many car accident cases include liability that is easy to determine. When it is clear who caused the accident, granting the responsibility simplifies the case. On the other hand, in some cases, complications and mitigating circumstances can complicate the process. When taking responsibility for a car accident, consider these persons who may be partly or wholly responsible for your injuries.

The second driver . Often in a personal injury litigation strategy, the strategy focuses on other drivers. In a two-car accident, you may focus on the driver of another vehicle. In a multi-car accident, you may need to review the accident report or work with witnesses to determine who made the mistake that caused the injury. Other drivers may take responsibility in the event of an automobile accident if:

Violated road traffic regulations, including safety regulations. Infringements may include red lights, without stopping, stopping production or changing lanes inappropriately or safely. Drove Disrupted. Text messaging and driving are the most common distractions, but driver distractions can also be eating or drinking behind the wheel, talking to someone else in the vehicle, destroying children, or even changing radio stations. Unrestricted driving significantly increases the risk of an accident by removing the driver's attention from the road and moving it to a vehicle. Driving After a Drink. Even one drink can significantly affect a person's ability to drive safely. Driving intoxicated, especially if the driver's BAC exceeds the legal limit, can be rigid. It can also increase driver liability in the event of an accident. No due attention was paid. Many drivers require accidents for pedestrians, motorcycles and bicycles that they "never saw." However, drivers are fully responsible for paying attention to what is happening around them. Ignoring pedestrians, cyclists and other drivers can lead to serious accidents and injuries that the driver is responsible for.

Driver Employer . Was the driver timely with the employer at the time of the accident? In some cases, drivers can simply drive for a short trip so that they can perform the task of an employer, such as taking a lunch or depositing with a bank. In other cases, drivers spend hours on the road every day as part of their work. Truckers, delivery drivers, and taxi or ridesharing drivers all spend most of the days on the road. If these drivers cause an accident, their employers may be partly responsible. In this case, you might ask:

If the driver had caused other accidents in the past? An employer whose employer is aware of a major accident history should not continue to be employed as a driver. In the event of an accident, drivers can take safety training courses to help their ability to drive safely; however, employers are responsible for putting safe and qualified drivers on the road. Is the driver aware that he is engaged in hazardous driving behavior? Although the driver has not caused any accidents in the past, a driver who drives and drives regularly, or who frequently drives, can cause an accident at any time. Employers who are aware of dangerous driving behavior must take appropriate measures to remove or retrain these drivers. Does your employer have dangerous regulations on drivers? For example, some Transportation companies may require drivers to use too many hours behind the wheel without a break. Drivers can even falsify their records in an effort to cover more miles or make traffic-driven miles. Would the employer have required the employee to drive the employee for reasonable reasons? For example, a shipping driver who knows he was not clear, but who was called to work and forced to drive in any case may not bear full responsibility. If the company forced the driver to work despite being unable to do so safely, including by threatening to discontinue, the company can take responsibility for accidents caused by the driver. Has the company failed to properly maintain its vehicle? Regular maintenance, including periodic inspections, should be provided on company vehicles to ensure that everything is working properly. A vehicle with a known problem should remain on the road until the problem is resolved.

Road and Foot Board Maintenance In some cases, the natural features of an area may make it difficult to avoid an accident. If overcrowding covered the pedestrian or made it impossible for the driver to see another car turning, the local units responsible for maintaining the area may be partly responsible for the accident. However, please note that you may be held responsible for the responsibility of the government, which may change the way you approach the case.

Bars and Restaurants Bars and restaurants are bound to take care of their protectors and others who share the road with them. Usually bars and restaurants must be avoided to provide customers too much, especially if they believe that customers are driving home. A bar or restaurant that continues to serve a well-known driver may be partly responsible for the accident. In this case, you should ask:

Are the bar or restaurant staff aware that the driver was enthusiastic? Was the bar or restaurant still a driver? Did the bar or restaurant staff know or suspect that the driver was planning to get behind the wheel?

Vehicle Mechanics Even the best driver would not avoid an accident in the event of a mechanical failure. If a part of the vehicle fails and causes an accident, the mechanic who has last worked with the vehicle may be partly responsible. Consider the following points:

Was a mechanic working on this particular part and stated that the vehicle was safe to drive? If this is the case, and some fail and cause an accident, the mechanic can take partial responsibility. Was the mechanic working near someone who failed in a way that would reasonably suggest that he should have noticed any future problems? Mechanics have a duty to their customers to take care of their duty and to let car owners know about the potential dangers associated with driving a vehicle. Was the mechanic claiming to have done a job that was not done on the vehicle? If the mechanic claimed that the problem had been corrected, but in fact left the vehicle unattached, he could take responsibility for the accident.

Vehicle Manufacturers . When manufacturers create a new vehicle, they often tell customers that the vehicle can navigate safely under normal driving conditions. If parts of the vehicle fail, manufacturers are responsible. In some cases, repetitive disturbances can lead to mass changes that bring all brand and model vehicles for repair. If a part of the vehicle failed and caused an accident, the vehicle manufacturer may take some responsibility. Consider the following:

Is there a known problem or reminder of the failed part? If you should have known about the return and the manufacturer has taken the necessary steps to inform the public about the problem, the responsibility may lie with the driver, not the manufacturer. Have there been similar errors in several vehicles without public announcement? If so, the manufacturer may assume a higher responsibility. Was the vehicle failure contributing to the accident?

You . Are you partly responsible for a car accident? For example, you may be distracted or you may have broken the traffic law, including speeding, which increased the likelihood of your accident. If you have been involved in an accident, you may be partly responsible for your injuries. In some cases, the insurance company may determine a percentage based on your level of responsibility. For example, if the court finds that you are 20% responsible for your accident, the court will reduce your final damages by this percentage. If you have 50% or more responsibility for the accident, you will not be eligible for compensation.

It may be difficult to define your own responsibility for a car accident. Working with a lawyer can help increase your chances of getting compensation for the total cost of injury. If you have suffered a car accident and need help determining responsibility, call today at Dolman Law Group at (727) 451-6900 or by contacting the online to talk to an experienced legal with our team member

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765

[1945910] [1945910] -6900

Clearwater Car Accident Representatives

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