Explaining Fault And Liability Determination

As per the personal injury lawyer in Etobicoke, the determination of fault focuses on the allegedly responsible driver. While the determination of liability focuses on the person or organization that must pay for the damages.

Typical causes of car accidents

Although there are many reasons why an accident takes place, the most common reasons include:

• Negligent driver
• Driver’s failure to obey the law.
• Poor road conditions
• Defective part or system in vehicle

Irrespective of the reason for the accident, the fact remains that people were hurt and need medical treatment. To cover the loss of pay, pain and suffering, other losses and mounting hospital bills, it is important to get damages.

Negligence on a driver’s part could be shown by one or more specific actions:

• Taking in an illegal or dangerous substance, before sitting behind the steering wheel
• Failure to pay attention to the road
—Distracted driving:This usually entails utilization of a cell phone.
—Searching for a location: This could be the act of someone that must rely on a map, or someone that has an inaccurate or malfunctioning GPS system.
—Trying to control a child
—Using car’s mirror to fix appearance
—Making adjustments to seat, to seat belt, to a side window, or some other aspect of the car’s interior space
• Failure to obey a traffic light or a traffic sign is also a demonstration of negligence

Negligent actions can cause poor road conditions

Oftentimes, agencies entrusted with maintaining roads are negligent and accidents can happen due to delays in replacement of missing guardrails. Maybe there was lack of attention to potholes. Additionally, other aspects include:

Faulty road design on the part of an engineer

—The mistake could be in the shape of a curve
—The mistake could relate to the thickness of the road’s surface

Actions to be taken by victim of accident caused by poor road conditions

—Determine what agency was responsible for mistake
—Send note to same agency and indicate considered action
—Consult lawyer about wisdom behind pursuing further action

Sometimes a given part’s condition can reveal the effects of negligence:

• A defective new part would be caused by a mistake in design or manufacturing.
• A problem in an older component would suggest a car owner’s failure to maintain the vehicle properly.

That whiplash injury you suffered because your car had defective brakes doesn’t have to ruin your life. You can indeed hold your car’s manufacturer responsible provided you hire a good personal injury lawyer.

Three Things to Keep in Mind

The plaintiff is not required legally to have an attorney to file the lawsuit. There are some car insurance companies that honor the “no-fault” accidents which means that each individual will pay for his/her own damages. You must be aware that lawsuits can be very expensive and can take up a lot of time, and that is why 90% of the claims are settled out of court.

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