Today, we will take a look at understanding liability in car accident cases from a legal perspective. Having a better understanding of this topic will help with the task of being able to recognize the difference between the  “victim” and the “defendant”

What liability is in a car accident case?

So what is liability in a car accident case?

Well, the meaning of this term refers to “A driver who is found negligent may be held fully liable for an accident. Alternatively, each driver involved may be held partially liable.”

So we can see here that the term refers to someone who has been driving recklessly or driving with negligence, and has caused an accident or an injury of some kind, and can be held fully responsible for this action.

What are a few different types of liability Claims?

Down below, we can see a few different types of liability:

•  Liability Claims Against Another Driver:

This is one of the most common liability claims that are made after an accident, you may have been a driver that was hit by another car or, you may have been a pedestrian hit by a car.

• Uninsured and Underinsured Claims:

In some cases, someone can be hurt during a car accident by somebody will either has no insurance, or their coverage is underinsured.

This means that their policy is not large enough to cover the victims’ medical bills or pay for any other damages that were caused during the accident.

The good news is that if you have personal injury protection, your own policy should be able to provide you with the proper compensation.

• Dram Shop Liability Claims:

This kind of claim can also be referred to as a “third-party” claim. This means that if you were injured by someone who was drunk driving, you may even be able to sue the bar they were drinking at.

If that person had been drinking at a private party of some kind, you may be able to sue the homeowner.

Determining Fault in Car Accidents

Local authorities will begin to gather and compile evidence from the scene of the accident, such as video and photographic evidence, interviews with eyewitnesses, and whether or not there were any drugs or alcohol involved.

There are also a few things that they will take into consideration like the date and time, the road and weather conditions, and where the accident happened.

The lawyer and insurance companies will then have access to this information and be able to come to an informed decision as to who is to blame for the accident and who the victim is. The stronger and clearer the evidence is, the better.

What Are Some Types of Liability in Car Accidents

We will now take a look at a few examples of different types of liability in car accident cases.

• Negligence:
  
  

A few different types of negligence can be speeding, driving while using your cell phone (distracted driving), not following the road and traffic laws, and driving while under the influence of drugs or alcohol.

• Strict Liability:

Sometimes, an accident may happen or a person may be injured due to an unreliable or defective vehicle. A common example of this is a vehicle that has faulty breaks or blinkers that do not work.

In this situation, the victim will be able to file a personal injury claim without needing to have proof that there was any negligence involved.

• Comparative and Contributory Negligence:

Both comparative and contributory negligence play a part in assigning fault. Contributory negligence can completely prevent someone from collecting any form of financial compensation if they are found to be partly responsible.

Comparative negligence will take damage into consideration of both people or parties involved and will still allow you to receive compensation, even if you are partly liable for the accident that was caused.

The Importance of Good Legal Representation

Having the right personal injury lawyer can make or break your case.

Having a local lawyer handle your case would be your best option. For example, if you were involved in an accident in Chicago, your best bet would be to hire a personal injury lawyer based in Chicago.

The right lawyer that is well versed in personal injury law, would ensure that you have the highest chance of receiving the best compensation possible when you fill your personal injury claim.

In Conclusion

During this article, we have taken a look into various different key points to help understand liability in car accidents, the different types of liability, and also how having a great personal injury lawyer can make the world of a difference. The best decision possible is to make sure that you always drive as safely as possible, ensure that your vehicle is in perfect working order at all times, and obey the rules of the road at all times.