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When Is A Driver At Fault In A Car Accident?

1 Aug 2017

Most car, motorcycle, or bike accidents that happen in New York City require knowing who should really be held liable. Typically, the blame is placed on the driver of the automobile, but when is it really the driver’s fault? In most cases, there is one driver who is at fault, while the other is the victim of that individual’s actions. However, there are also instances where neither party should be blamed, such as in the event of a mechanical issue or sometimes, because of bad road conditions.

Thankfully, there are ways to help you determine who is at fault in the accident you are involved in. With the help of an personal injury lawyer, you will understand better on what to do in case the other driver is pointing his or her finger on you.

Whose Fault is It?

The question may sound simple, but the answer usually comprises of different processes to find out who should really be blamed. Here are some ways on how to know who’s accountable for the accident:

Police Report: Even before you contact an personal injury attorney, you are legally obligated to contact the police right after the collision. The police officer will go to the scene of the accident and give a tentative deduction as to who was at fault. It will just be based on what is visible for the officer, along with the statements of the witnesses and the parties involved. Therefore, it cannot be used as a conclusion to who really caused the accident.

What Really Happened: There are some accidents in which it is quite obvious who caused the collision. An example is when one of the drivers admits to having made a left turn into oncoming traffic. Oftentimes, this person is deemed to have been the cause of the accident. Another example is when another vehicle hits the other from behind. This is why personal injury attorneys remind their clients not to talk to other people since they could incriminate themselves.

Distraction: A distracted driver is often held responsible for an accident. If it has been proven that you have been operating your automobile while being distracted, you are technically at fault. You will need the help of a reputable personal injury law firm that can provide you with a choice of experienced personal injury lawyers who can help you out with the case. Distractions can include using a cell phone, talking to passengers, or changing a radio station.

Drunk Driver: A common problem with drivers involved in accidents is drunk driving. It is actually one of the leading causes of accidents that lead to fatalities. A driver who is under the influence of alcohol during the accident is generally held liable for the crash regardless of the blood alcohol content. Once again, if you’re in this kind of trouble, you will badly need the help of a good personal injury lawyer.

Impaired Driver: Aside from alcohol, a driver may be under a prescription sleep aid or any medication that can cause drowsiness. Some may also be impaired due to illegal drugs. These drivers will be held accountable for the accident and it will definitely take a brilliant personal injury attorney since the driver will be charged with DUI.

Aggressive Driver: If the driver acts in such a way that could put other people in danger, he or she will generally be liable for the accident. This is true even if the driver did not cause the accident directly. An example is if the driver kept driving through an intersection when there is a red light, causing another car to swerve or stop to avoid the collision. In such a case, the aggressive driver is responsible for what happens after the accident.

Admission: A driver who admits fault is liable for the collision, even if he or she is not really at fault. personal injury attorneys may still be able to uncover evidence that could provide help for that driver. However, even if it is possible, getting that person off the hook is not an easy thing to do. This is why before you talk to other people, including the police, contact an personal injury law firm first to know what to and what not to say.

Car accidents cause property damage along with emotional damage. If you are the driver and you could be held accountable for the accident, talking to personal injury lawyers can help save you from the impending legal trouble.

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