Auto Accident Liability | Frank Penney Injury Lawyers

An auto accident victim must prove the defendant's liability in order to get compensation. Below are factors that determine liability and how you can evaluate them.

Factors Determining Liability

There are several factors that determine who is liable for an accident.

Driver Behavior

A driver's behavior is one of the most critical factors since each driver is responsible for their behavior and their car while on the road. The authorities will evaluate what the driver did before driving, and what the driver did just before, during, and after the accident.

Consider a driver who overtakes while the road ahead is not clear. If the driver's behavior causes a crash, they are liable for the accident because of that dangerous behavior.

Traffic Laws

The government uses traffic laws to control road users and keep them safe. Therefore, authorities will also consider the applicable traffic laws and determine whether the driver violated them. For example, most states have laws against making a U-turn while interfering with other traffic. Making such a U-turn makes the driver liable for the accident their actions might cause.

Vehicle Condition

A car's condition affects its risk of an accident. For example:

Bald tires increase braking distance and collision risk.
A busted headlight reduces visibility and increases the risk of collisions with other road users.
Defective brakes make stopping difficult in case of emergencies.

Drivers are responsible for maintaining their cars. Anyone who drives a defective car is liable for the accident the defect might cause.

Weather Conditions

Weather conditions increase the risk of accidents in several ways. For example:

Snow, ice, and water interfere with braking and make steering difficult.
Snowfall, rainfall, and fog reduce road visibility.
Windstorms make steering difficult.

Inclement weather is not an absolute defense against auto accident liability, since drivers must consider prevailing weather conditions. For example, if the road is wet, drivers should slow down to give themselves ample time to stop in case of an emergency.

However, bad weather can cause accidents even with the best driver behind the wheel. For example, a powerful wind can push a van into oncoming traffic. Therefore, the authorities consider prevailing weather when determining auto accident liability.

Liability Determination Methods

If you have an accident claim, expect that the parties involved will consider the above factors to determine fault. However, they need to gather the relevant facts first.

Examination of Physical Evidence

Interested parties should examine the physical evidence as part of liability determination. Physical evidence includes things like:

Road signs and markings
Vehicle damages
Skid marks
Injuries
Airbag deployment

For example, the absence of skid marks might mean that a driver did not break or try to stop upon spotting an emergency.

Scrutiny of Police Reports

The police will assess the physical evidence, interview witnesses, interview the victims, and use the information to generate an accident report. Other parties, such as the insurance company or accident victims, can use the report to determine liability for the accident.

Analysis of Witness Testimony

Credible eyewitnesses can shed light on the events before and during the accident. Consider a case where eyewitnesses testify that they saw a car going the wrong way, speeding, or changing lanes haphazardly. Such information may help reveal the liable driver.

Accident Investigations

Expect the insurance companies and the police to investigate the accident. The victim and defendant's legal team may also conduct their investigations. Investigations may involve analyzing the cars' event data recorders, talking to the victims, and tracing the victim and defendant's actions leading up to the crash.

Hopefully, you get the compensation you deserve for your auto accident injuries. Contact Frank Penney Injury Lawyers for help in proving liability and processing your claim. You can rely on our decades of experience and dedication.

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