For the recent years, our court system has been receiving considerable number of personal injury lawsuits resulting from motor vehicle accidents. This is very much evident on the daily news reports about the accounts of tragic vehicle collisions. In fact, the National Highway Traffic Safety Administration (NHTSA) affirmed that a car accident occur every ten seconds.
In California and in most states in the U.S. wherein “no fault” legislation has not yet been adopted, these occurrences are under the law of negligence. Meaning, any person, who has been proven to operate his vehicle without due care, is required to pay his injured victim for any harm or damages that resulted from his action or inaction.
Because of this, motor vehicle owners and drivers should be considerate enough to exercise “reasonable care” especially when traveling along the busy streets and thoroughfares. That is, if they do not want to face the various penalties and legal obligations that may emerge.
Causes of Vehicular accidents
According to the reported incidents, these dealings have been the major causes of vehicular accidents:
• Speeding beyond the allowable and posted limit set based on the traffic condition
• Inappropriate or too much lane changing
• Driving under the influence of alcohol or any illegal substance
• Tailgating
• Rubbernecking
• Unnecessary operation of stereo systems
• Too much conversation with other passengers
• Improper use of cell phones
• Failure to abide by the road signs and warnings
In some cases, traffic accidents have been caused by other reasons that are not related to the drivers’ actions. These are:
• Motor vehicle defects – in this particular case, the injured victims may sue the automobile manufacturer or supplier under the product liability law
• Poorly maintained roads and traffic control malfunction – this instance may entitle the injured victims to file charges against certain government entities. However, these cases are under special rules and definitely necessitate the assistance of motor vehicle accident lawyers for proper legal advice.
Legal Procedures
In any court arguments, the plaintiffs always carry the “burden of proof.” This means they must substantiate their allegations before they may obtain suitable compensation. In a road collision, the plaintiff has to establish these elements of his case:
• The defendant has been neglectful in operating his vehicle
• Such carelessness has been the proximate cause of the accident
• He has incurred injuries or damages from the accident
• He has not violated any traffic rules when the accident transpired
If he was able to convince the court that these elements are factual, the defendant may then be obliged by the judge to pay him compensatory damages for his:
• Physical pain and suffering
• Emotional distress
• Hospital and other treatment expenses
• Loss of wages
• Damage to property
• Lawyer’s fees
Seeking the Aid of a Competent Lawyer
The legal procedure in filing personal injury lawsuits can be very complicated since the injured victims may have limited knowledge about the associated law provisions. Thus, it is just proper for them to hire experienced motor vehicle accident lawyers in order to have better chances of winning their legal battle.
With a lawyer’s adequate understanding and skills in managing vehicle accident litigations, the injured victims do not have to worry much on their claims. Rather, they will have more time to spend with their families while waiting for their injuries to completely heal.
About The Author
Rainier PolicarpioOur expert lawyers are well experienced in handling cases resulting from motor vehicle accidents. For further details and inquiries on how to obtain credible legal representation, just log on to our website at http://askaccidentlawyers.com/
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