Several factors determine liability in an auto accident, and some are more obvious than others. For example, if a motorist is injured when another driver cuts them off, that driver may be liable if their actions caused the accident. The determination of liability depends more on motor vehicle laws than on the traditional definition of fault. This makes it easier for insurers to challenge liability, especially because the coverage is required in all jurisdictions. This article offers an explanation of fault in car accidents as it relates to motor vehicle and common laws.
Common Law
In its simplest form, fault is created by statute or defined by traditional law. In common law, there are four levels of fault: negligence, reckless behavior, intentional acts, and strict liability. Negligence is defined as inadvertent conduct resulting in harm, and reckless conduct is a willful disregard for others’ safety. Strict liability can be imposed even if no fault exists in accidents involving a defective product. There’s rarely doubt about fault when a motorist engages in reckless or intentional conduct, but where negligence is concerned, the establishment of fault becomes complex.
Statutory Violations
Every jurisdiction has laws related to the operation of motor vehicles on public roads. Most of these are codified from common law while others arise from legislation. A violation of a statute typically creates presumptive negligence, which can affect accident liability. The simplest method of fault determination is to ask if the accident would have occurred in the absence of the statutory violation. Both victims and defendants can benefit from the legal advice and representation provided by a car accident attorney in West Palm Beach, FL.
Call an Attorney for a No-Obligation Claim Evaluation
If a person believes that someone else is to blame for their auto accident injuries, they should have the case reviewed by Morris Laing Evans Brock & Kennedy Chartered right away. Fortunately, a victim can have a claim reviewed by an accident attorney at no cost. A car accident attorney in West Palm Beach, FL can tell if someone’s reckless or negligent conduct caused harm, and they can help a client collect economic damages. Auto accident claims are complex, and an attorney can help a client navigate the legal system.
