Car Accidents: Who’s Responsible and What Should I Do?
With constant construction, aggressive drivers and countless distractions, today’s roads can be very dangerous. You do your best but, unfortunately, you can still be involved in an accident. When it happens, you might be overwhelmed by the rising costs and frustrations associated with medical expenses, car repairs, and insurance. Fortunately, you may not be completely responsible for the accident and, if so, you might be entitled to reparations from one or more of the other parties involved. In this article, we will explore some of the things that might have caused the accident for which you should not be held liable. Finally, we will discuss some of your options if you decide to pursue legal action against one of the other parties.
A Milwaukee car accident attorney can represent automobile vehicle accident victims in instances concerning driver error, reckless driving, speeding, drunk driving, mechanical defects/malfunctions, and highway defects. Let’s explore some of these in depth:
- Driver error is wide-ranging and can include behaviors like failing to use turn signals, being distracted by the radio, merging lanes without checking first, or driving up a one-way street.
- Reckless driving, although similar, includes more specific behaviors like aggressive or careless driving, swerving, or any other behavior that unnecessarily endangers other drivers.
- Mechanical defects and malfunctions do sometimes cause car accidents. If a driver reasonably fulfills all of her maintenance expectations and/or the accident is caused by an engineering/design/manufacturing problem over which the driver had no control, the liability of the wreck might fall on another party, such as the car manufacturer.
If you believe your accident was caused by a mechanical malfunction, you should contact a lawyer to see if you qualify for representation and potential compensation for your damages. Just like car companies, governments too can be held responsible for car accidents. Some car accidents are caused by potholes, unreasonably narrow roads, lack of signage, poor road construction or other highway defects. If any of these cases are in any way related to your car accident, you should consider contacting a lawyer to determine if you have any legal recourse for your damages.
What should you do following the accident?
Immediately following an accident, even if you don’t plan to sue, you should gather as much information as possible by taking pictures and getting witnesses. There will typically be an investigator on the scene to determine the cause of the wreck if no one takes responsibility. However, it is still important that you gather your own information so that it could be used in your case. Furthermore, before accepting any insurance settlement from the other parties’ insurance provider, you should seek legal counsel to make sure you are fairly compensated and won’t sacrifice any of your rights to sue for more reparations. Costs associated with car accidents come in the form of physical injury, medical bills, higher insurance premiums, car repairs, loss of time and sometimes, loss of life. If you have been involved in an automobile accident and want help with these costs, contact an attorney.
Read MoreSpeeding: Almost as Bad as DUI
The excitement of the high-speed car chase has been fueling the success of movies like Fast and the Furious, and the Italian Job, and countless other action movies. It calls to the daredevil in a person which craves that adrenaline rush. But in reality, speeding even a bit over the limit can bring about serious injury, even death.
There are about 6 million auto accidents a year in the US alone, and 40% of those are caused by driving under the influence of alcohol (DUI). That’s not surprising. What is shocking is that not far behind is speeding, which accounts for 30% of these accidents. When caught DUI, a driver can face jail time and hefty fines, while those caught speeding get a ticket and just pay a fine. If there are no injuries or deaths resulting from speeding, the penalties for speeding are often incredibly light. A ticket can even be forgiven if you take a course in defensive driving in most states.
Fatalities due to speeding and DUI combined in 2011 was in excess of 3,000 in the state of Texas alone. For speeding alone, the death toll was 278, and 6 of them were pedestrians!
There is a reason why speed limits are posted. Speeding above the posted limit is, according to Part 545 of the Texas Transportation Code, “an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.” The key words here are “willful” and “wanton” which suggests negligence. In Texas, traffic accidents have declined somewhat but it is still higher than the national average mostly due to reckless or negligent conduct of the driver.
If you or someone close to you has been harmed by the reckless speeding of a driver, you can consult with a car accident attorney about filing a personal injury claim for damages. This would be on top of the felony charges that would be levied against the driver.
Read MoreCauses of Wrongful Death
Wrongful death is the accidental result of a person’s negligence, carelessness, or recklessness. The death of a person becomes a civil case when there was no intent or premeditation on the part of the actor to cause death but which still happened because of that person’s action or lack thereof.
There are many ways in which a wrongful death can happen. It could be due to a car accident, medical error, surgical mistake, adverse reactions to medication, defective products, attacks by a pet, plant explosions, or workplace accidents. In some cases, a death may result even when there had been no negligence but in most cases, it was due to the action of another person, especially in instances involving:
- Car accidents – includes driving under the influence (DUI), distracted driving, cell phone use, fatigue, speeding, tailgating, swerving, road rage
- Medical malpractice – this is an area rich in wrongful death cases. It can be due to misdiagnosis, late diagnosis, prescription error, inebriation, etc.
- Product defects – a manufacturer, distributor, or retailer may be held liable by a wrongful death lawyer if the use of a product that did not work as it should have leads to death. It could be through contamination, mislabeling, malfunction, breakage, mechanical failure.
Since in a wrongful death, the victim is not capable of making a claim, it has to be done by a spouse, parents, or children, including adoptive parents and children or separated or divorced spouse. Step-parents and step-siblings, however, may not make a wrongful death claim. Insurance companies may also take legal action against the person who caused the death of their insured party, leaving them no choice but to honor the provisions of a life insurance policy.
Proving negligence in a wrongful death claim can be a complicated process that could overwhelm an inexperienced lawyer. Find one who has a proven track record in wrongful death cases and who is willing to take on the case on a contingency fee basis if there is no money for litigation.
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