Determining Fault And Liability For A Motor Vehicle Accident
Motor vehicle accidents are simple in concept, but the details of a given case may be more complex than they first appear. If you were seriously injured in an auto accident and need to seek compensation through a personal injury lawsuit, it is important to work with an experienced attorney who can help you determine what caused the crash and who was at fault.
In Ocala and surrounding parts of central Florida, the natural choice for representation is Piccin & Glynn. We bring more than 60 years of combined legal experience to your case, and we use our honed investigative skills to uncover all at-fault parties. On this page, we discuss three of the most common sources of fault in a car accident: driver negligence, automotive defects and problems with infrastructure.
Driver Negligence Is The Leading Cause Of Crashes
The vast majority of auto accidents can be attributed to the negligence of one or more drivers. Common examples of negligent behavior leading to crashes include:
- Speeding and aggressive driving
- Failure to obey traffic signs and signals
- Texting and other forms of distracted driving
- Drunk driving
- Drowsy or fatigued driving
- Failure to adapt to changing weather or road conditions
- Failure to keep a lookout for other drivers, motorcyclists, bicyclists and pedestrians
Each person operating a motor vehicle owes a duty of care to all other road users. That duty is to operate their vehicle in a way that minimizes the risk of injury and death. When determining negligence, the actions of the at-fault driver are compared to what a reasonable person would have done (or avoided doing) in the same scenario. For instance, it is commonly known that distracted driving is dangerous and increases the risk of a crash. Therefore, a reasonable person would avoid this behavior.
Did One Or More Vehicles Suffer From Dangerous Defects?
While less common than driver negligence, vehicle defects are another frequent cause of motor vehicle accidents. Every year, millions of vehicles are recalled for safety problems like defective parts and poor manufacturing practices. Examples include:
- Faulty brakes
- Defective air bags
- Tires that are prone to blowouts and other problems
- Poor vehicle design that increase the risk of a rollover
If you were seriously injured by a defect in your own vehicle or the vehicle of the person who struck you, you may have a product liability case against the automaker that built/sold the dangerous product.
Problems With Infrastructure Design, Construction Or Maintenance
Finally, motor vehicle accidents are sometimes caused (or made worse) by problems with the road, intersection or other infrastructure. Examples might include:
- A road curve that was too sharp for the posted speed limit
- A city intersection with malfunctioning traffic lights or crossing signals
- Missing or inadequate sidewalks in areas with heavy pedestrian traffic
- Streets in dangerous disrepair (large potholes, faded lane markings, etc.)
Because infrastructure problems involve government agencies at various levels, these types of cases can be both difficult to pursue and difficult to win. However, if you believe you were harmed because of poor road design, construction or maintenance, it is worth discussing your options with an attorney.
Reach Out Today For A Free Discussion Of Your Legal Options
The attorneys at Piccin & Glynn can help you investigate the cause of your motor vehicle accident and seek appropriate compensation from the at-fault party or parties. To learn more, contact us to schedule a free initial consultation. You can reach out online or call 352-558-8480.