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Who is at Fault in a Car Accident: Examining Driver Negligence

A keyword when examining car accident injury claims is negligence, or who was at fault? Some accidents are just that—accidents, but some traffic accidents are completely avoidable and only occur because of one of the driver’s negligent action . If you wish to pursue a claim of liable or file a lawsuit to receive compensation for injuries and damages sustained during a car accident, you must prove to the court or the insurer that the other driver was negligent.

Here are several common causes of automobile accidents where either driver negligence or the negligence of another party may contribute to the cause of the accident.

Distracted Driving: Drivers who allow themselves to be distracted might as well be swilling Jack Daniels behind the wheel. That may seem like an overstatement, but distracted driving is the cause of more automobile accidents than driving under the influence. Distracted driving can include activities like eating, texting, fiddling with the radio. Essentially distracted driving is any action that takes your hands off the wheel and eyes off the road.

Violating Traffic Laws: Traffic laws are in place to prevent accidents and protect motorists. If a driver is violating traffic laws and an accident occurs, they should be considered negligent.

Driver Error: Some driver errors are mistakes. No one is perfect, but some contributing factors that lead to driver error could be used as evidence of negligence. Some of these factors are driver fatigue, intoxication, distracted driving, or reckless and aggressive driving.

Equipment Failure: This is an example of one of the factors that lead to an accident where a party other than those involved in the accident could be liable for negligence. Equipment failure can easily cause an accident. Brakes could fail. Tires could blow. The gas pedal can stick. If the owner /driver knows of the condition ,fails to fix it and an accident occurs they can be held liable .Sometimes mechanics or manufacturers can be found negligent and liable for a car accident.

These are just 4 common causes of most car accidents in the United States. There are others such as unsafe roads and unsafe road design, but those are much rarer than these 4. If you have been in a car accident and been injured due to another driver’s negligence, you may be entitled to compensation. Please fill out the contact form found on this page and one of our expert car accident injury attorneys will contact you shortly.