Car accidents are a common occurrence on today’s roads. In fact, according to the National Highway Traffic Safety Administration, there are more than 6 million car accidents in the United States every year. Of those, more than 3 million result in injuries, and more than 37,000 result in fatalities.
You must know your rights and the law when you’re involved in a car accident. Depending on the circumstances of your accident, you may get entitled to compensation for your damages. But how do you know if you’re on the winning side of a car accident case?
Many factors go into determining who is at fault in a car accident. However, some general rules can help you understand when you may be liable for an accident. Here are a few to consider to help you know if going to court will help you get the justice you deserve.
Who is Driving Recklessly?
The first rule to consider is who was driving recklessly. If the other driver was speeding, weaving in and out of traffic, or driving in a way that put others at risk, they might be liable for any accidents. This is especially true if their reckless driving led to your accident.
Reckless driving can happen in many forms. One common form of reckless driving is street racing. This situation is when two or more drivers race each other on public roads. It is hazardous and often leads to accidents. If you’re involved in an accident with a street racer, you may be able to hold them liable for your damages.
Another common form of reckless driving is drunk driving. Driving under the influence of alcohol or drugs is against the law in all 50 states. If you’re involved in an accident with a drunk driver, you may be able to hold them liable for your damages. You may also be able to sue the establishment that served the drunk driver alcohol if they get done while underage or if they get served after they were already intoxicated.
If the other driver was driving recklessly and caused your accident, you might be able to hold them liable for your damages.
Who is Distracted?
The second rule to consider is who was distracted. Distracted driving is an activity or a situation that takes the attention of the person driving the car away from the road. This can include talking on the phone, talking to passengers, texting, eating, drinking, adjusting the radio, or anything else that takes their attention away from driving.
Distracted driving is becoming increasingly familiar with the rise of cell phones. According to the National Highway Traffic Safety Administration, more than 4,000 people got killed in car accidents because drivers at fault were distracted. If you’re interested in an accident with a distracted driver, you may be able to hold them liable for your damages.
Distractions, however, can also happen to you. It’s essential to be aware of your surroundings and pay attention to the road. You may be liable for the damages if you’re distracted and cause an accident.
Who is Following Too Closely?
The third rule to consider is who was following too closely. This rule is also known as the tailgating rule. It states that drivers must leave a safe distance between their car and the car in front of them. This allows them time to stop if the vehicle in front of them is suddenly braking.
If you’re hit from behind by another driver, they may be liable for your damages if you prove that they were following too closely.
Who is Breaking the Law?
The final rule to consider is who was breaking the law. This can include many infractions, such as speeding, running a red light, or failing to yield. If the other driver broke the law when they caused your accident, you might be able to hold them liable for your damages.
These are just a few general rules to help determine if you’re on the winning side of a car accident case. If you have been in an accident, you must speak with an experienced car accident attorney to understand your legal options. Gathering evidence, such as police reports and witness statements, can also help build your case.
The car accident lawyer can help you get the compensation you deserve for your damages. The attorney will spearhead the case. Even if you have to shell out some money for the lawyer’s service, you can be sure it will be worth it.
Final Thoughts
If you’ve been in a car accident, you may wonder if you’re on the winning side of the case. Many factors determine who is at fault in a car accident, but some general rules can help you understand when you may be liable for an accident. If the other driver was driving recklessly or distracted, or if they were breaking the law when they caused your accident, you may be able to hold them liable for your damages. Speak with an experienced car accident attorney to understand your legal options and gather evidence to build your case.
