The law of Negligence is the law which mainly guides the legal claims arising out of motor vehicle accidents. It is expected that motorists would exercise a reasonable amount of caution while driving. If one fails to undertake reasonable care while driving, it is treated as negligence by law. The person, who operates a vehicle recklessly and is involved in an accident for the same, is required to pay for any damages to property or for the medical treatment.
Understanding some basic concepts
In any accident, the injured person or party is known as the “Plaintiff”. The plaintiff is required to prove that the defendant was negligent and as a result, the accident occurred. Therefore, he is liable to pay compensation for damages to property like the car and also for any personal injuries resulting from the accident.
Motor Vehicle Accidents and Negligence – An Important link
When it comes to the settlement of the claims made against the car accidents, the most important point to be established is who was at fault when the accident took place. It is possible at times that your own instincts would tell you that the driver of the other vehicle, the cyclist or the pedestrian involved in the car accident acted carelessly. Even if that was the fact, you need to prove it for receiving compensation from the alleged at-fault party.
Why should you consult an expert lawyer in the case?
Compensation claims ensuring from personal injury and accident involve complications on different levels. This is where the role of an expert attorney is of utmost importance. On the strength of his expertise and experience, he will successfully represent you in the court or during the settlement procedure. You may sometimes feel the urge of not hiring a lawyer for your case in order to save money. However, not hiring a lawyer can turn out to be a big mistake.
Factors which are looked into by courts when cases are assessed
- Whether the traffic signals were disobeyed by the driver
- Failing to signal while the driver was turning
- Driving at a speed above recommended limit
- Driving under the influence of Drugs or Alcohol
Reckless driving and driving under the influence of alcohol are serious offenses which have serious implications in terms of punishments.
Accidents not caused by the fault of the driver
It is possible that certain car accidents occur not due to any fault of the driver. These could be owing to the malfunctioning of certain car parts or defects in the same, owing to which, the driver might have lost complete control and the car accident occurred. In such a situation, the case may be subject to Product Liability.
To conclude, we can say that whether you are at fault or whether you are a victim has serious implications. Therefore, it is best for you to seek appointment with a car accident attorney McAllen TX. Make sure that the lawyer has an enviable record of success in representing his clients in car accident injury cases.