Law Offices of Thomas T. Anderson, P.C.

Personal Injury Attorneys - Serving Palm Springs, Riverside and Indio

Establishing Liability in Automobile Accidents

December 08, 2009 @ 12:12 PM — by unknown
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Determining liability in accident cases is one of the most challenging tasks facing any personal injury attorney. It is a particularly complex task in automobile accident cases, requiring meticulous investigation, accident re-enactment, a thorough knowledge of state and federal laws, and, in certain cases, the ability to prove liability on the part of multiple parties. The ability to identify the liable party or parties and prove that an act of negligence contributed to or directly caused an injury or death is what distinguishes the most reputable and experienced lawyers.

There are a number of factors that an automobile accident lawyer must consider in determining liability, including:

  • The owner of the vehicle: In cases in which the owner of the vehicle is different from the driver who caused the accident, legal action may be taken against both parties.
  • The degree to which the injured party may have contributed to the accident: Some states do not allow an injured party to collect compensation if he or she shared fault for the accident; however, other states have comparative fault laws that allow plaintiffs to collect compensation in proportion to the defendant’s degree of fault.
  • Whether the vehicle was a commercial vehicle: If the driver responsible for an accident was operating a vehicle on behalf of an employer, as is often the case in large truck accidents, both the employer and the operator of a vehicle may be found liable.
  • Whether a defective product was responsible for an accident: In these cases, any or all parties involved in the design, manufacture, or marketing of the defective tire, engine, airbag, seatbelt, child seat, braking system, fuel system, or other automotive product may be held liable.

 

If you have been injured in an automobile accident, or if you have lost someone you love to wrongful death in a collision that was someone else’s fault, you would be well-advised to contact an experienced personal injury attorney to arrange for a case evaluation.

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