When it comes to motor vehicle accidents the first, and most important, action is to prove fault. The fault is demonstrated when examining if the pedestrian or driver have been careless or negligible, and/or have violated the rules of conduct in the maintenance, ownership, use or operation of the vehicle.
In most cases that involve motor vehicle accidents, it is relatively simple and quick to prove who is at fault. For example, an accident in which a traffic rule has been clearly violated such as failing to stop at a red light. On the other hand, there can be situations where it is not as straight forward to demonstrate which party is at fault and, in these instances, it can be more challenging to hold the negligible party liable. This kind of situation may occur when two cars attempt to access the same lane, simultaneously. In this scenario, it is critical to determine which party was careless or almost negligible.
In order for a party to be held liable, their negligence in the matter must be proven and shown to be the cause of the accident in question.
For negligence to be proven, the victim needs to demonstrate that the other party (driver or pedestrian), had a reasonable duty to exercise caution; that they failed their duty to exercise reasonable caution; and also that their failure of executing this reasonable caution is what caused the harm to the other party. Alternatively, if the victim involved in the motor vehicle accident has, in any way, contributed to the accident by way of a negligent action(s) of his or her own then it is more difficult to discern liability. In these circumstances, the victim’s compensation for injuries or damages will be limited or even barred.
There are many kinds of motor vehicle accidents that may warrant compensation for damages and/or injuries. Some examples include:
1. Car Accidents
2. Bus Accidents
3. Truck Accidents
4. Bicycle Accidents
5. Motorcycle Accidents
6. ATV Accidents
7. Boat Accidents
8. Pedestrian Accidents
The parties that can be held liable in a motor vehicle accident depend upon the type of vehicle involved. As an example, a victim that is involved in a motor vehicle accident with a truck can hold liable, and seek compensation and/or damages from, the driver for his action(s) or lack, thereof. Additionally, the victim can also hold the owner of the truck, the company whom the driver leased the truck from, and even the manufacturer of the truck liable. The manufacturer of the truck can be held liable for the accident if it was a direct result of faulty vehicle parts, for instance, defective equipment such as tires or breaks.
Compensation as a result of damage from a motor vehicle accident can be pursued through a number of different avenues. For example, as a victim of a motor vehicle accident, you can seek compensation for direct damage to property, destruction of property, and loss of use of the property. You may also be entitled to further compensation for direct injuries, cost of hospitalization or medical expenses, loss of employment, disability, pain and suffering, and even loss of consortium.
Given the intricacies in ascertaining negligence, liability, and, ultimately, compensation for damages, it is imperative that you obtain proper legal representation in your matter. Our highly experienced and compassionate lawyers at Intact Accident, in Albuquerque, New Mexico, will ensure that your rights are defended, that the right party (ies) are held liable for their negligible (in)actions and that you receive the maximum amount of compensation and/or damages possible for the wrong that you have endured.
For a FREE consultation, NO costs up-front, and the compensation that you deserve, call Intact Accident Personal Injury Lawyers today!