Proving Liability in a Car or Truck Accident Case: What You Need to Know

When starting a legal claim, the objective is to prove that the at-fault driver is liable for the accident and resulting injuries. Legal claims help victims seek compensation from the accountable party. These personal injury cases involve truck and car accidents. By reviewing what to expect from the cases, the claimant can avoid mistakes that could lower their monetary award.  

Moving Violations and Who Caused the Accident

The most common cause of auto and truck accidents is moving violations. Speeding and reckless driving are prevailing moving violations involved in these accidents. When managing a motor vehicle accident case, attorneys review all events that led up to the accident.

If the victim was guilty of a moving violation, this could decrease their chances of getting a monetary award. If the person is more than half at fault, the case could be dismissed. Victims of any motor vehicle accident can get started on a legal claim by contacting the Law Offices of Jared Spingarn now. 

Were Any Drivers Intoxicated?

A DUI is another common reason for these accidents since the driver cannot maintain control over the vehicle. Impaired drivers cause crashes and serious injuries. If the driver is found guilty of a DUI, the criminal court may require the person to pay restitution to the accident victims. The victims can also start a legal claim in the civil court to collect compensation for economic losses.  

Were Additional Laws or Regulations Violated?

Commercial truck drivers must comply with Federal Motor Carrier Safety Administration regulations. The laws require the drivers to rest for no less than eight hours after driving at least 12 hours. The regulation is enforced to prevent exhausted driving and prevent trucking accidents. If the driver violated the laws, the trucking company could be deemed liable in an accident case.  

Who Saw the Accident?

Eyewitnesses who saw the accident provide information about the events that led up to the wreck. In the legal claim, the witnesses can provide testimony to support the victim’s claim or discredit the case. Attorneys depose any eyewitnesses that come forward before the claim and review the details provided. Each party’s attorney has access to the witnesses and all evidence included in the claim.  

How Profound Were the Injuries?

The severity of the auto or truck accident injuries defines how the accident affects the person’s life. If the injuries are minor, the victim may not incur a high amount of financial losses. With severe injuries, the person may take months to recover. Permanent injuries or disabilities prevent the victim from working and supporting themselves. 

If the victim dies as a result of the injuries, their family has the opportunity to file a legal claim for wrongful death. In several states, victims who die from auto or truck accidents undergo an autopsy to prove the cause of death. Autopsy findings determine if the death was avoidable.  

Truck or car accidents could produce major injuries and financial losses. The events that lead up to the accident determine who is responsible for the injuries and property damage. Several laws apply to commercial trucking accidents that aren’t imposed on non-commercial drivers.

With commercial drivers, the laws lower the legal limit for DUI. When reviewing facts about proving liabilities in these cases, the injured party can find out more about their rights and how to proceed. 

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