The Basics About Car Accident Lawsuits

Car accidents are a leading cause of injury

Car accidents are a leading cause of injury. If you were injured in a car accident that was not your fault, you might have the basis for a personal injury lawsuit. It is important to note that just because an accident was not your fault, there are other factors that must be present in order to win a personal injury lawsuit. The accident also must have been caused by the negligent of reckless actions of another.

The personal injury lawyer that you hire will need to prove that the other party did not exercise reasonable care or was not paying attention while he or she was driving.

Examples of such negligence or recklessness include speeding, texting while driving, or driving while intoxicated.

In addition to proving that the driver was negligent or reckless, the lawyer must also prove that it was those actions that caused your injuries. For example, if you had a back problem prior to the accident, the other driver may not be held responsible even if the accident aggravated that problem.

Another consideration is intervening causes. A negligent driver may not be held responsible for injuries sustained due to intervening causes following an accident. For example, if a reckless driver collides with another car and then other cars collide while trying to avoid or look at the initial accident, the reckless driver may not bear any liability for the secondary accident.

Another point of note is that if the person bringing the personal injury lawsuit is in any way partially responsible for the accident, the other driver may not be held liable. An example would be if one driver ran a red light and hit another vehicle. It seems the driver who ran the light would be fully responsible for any injuries sustained by occupants of the other car.

If, however, the other car was speeding then the driver who ran the red light would not be fully responsible.

Winning a personal injury lawsuit after a car accident takes an experienced attorney who can work with you to prove your case. Choose your lawyer carefully, as you only get one chance to win.

by: Penelope Stone

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