Factors Used To Determine Who Is Liable For a Car Accident
When drivers on the road get into a car accident, there are many factors that both the police and insurance firms will consider before finding who is at fault. Many questions will be asked during interrogation, and it is intricate for one to know how to answer them without implicating themselves but remaining honest at the same time. It is also crucial to contact a lawyer in case you are unsure of the sequence of events, and a Charlotte car accident lawyer or your family attorney will come in handy to help mitigate the situation before it gets out of hand.
Factors used to determine liability vary from one state to the next, but some of them are standard and apply in all countries across the globe. Each case is handled with the specifics in mind making it hard to ascertain liability from the word go. It is also fundamental for you to know the various rules that govern your jurisdiction regarding auto accidents to avoid being on the wrong end of the law if you are ever involved in one. Some of the factors that are taken into consideration include;
- Condition of the driver
Driving recklessly or when under the influence of alcohol or pharmaceuticals is illegal in all states. The drunk driver is most likely to be responsible for the accident, which sometimes is not the case. When taking any medication, one must confirm that it does not cause drowsiness and that they can operate machinery, including vehicles. Driving while distracted by other factors such as mobile phones is also another element that speaks to the state of mind of the driver. Negligent behavior is also another factor that helps the police determine who was in the wrong in a given accident.
- Traffic rules
Each state has straightforward rules regarding road use that all drivers and pedestrians must adhere to. One should be aware of all the traffic rules, and violation of any of them would automatically mean that they are responsible for the accident. When traveling to new localities, one should ensure that they update their knowledge on the existing traffic regulations to avoid issues with the law over the same or cause an accident due to ignorance. This factor is among those that will be given priority over the rest.
- Auto defects
Vehicles are not designed to last forever or run without any maintenance, which is why all states stipulate how long a car can be used before it is taken for service. Driving an automobile that has defects is against the law, and it is also one of the factors that affect the outcome of who is liable in a given case. Defective conditions such as jamming of the steering and brakes are attributed to a lack of proper maintenance. For new vehicles, manufacture defects may be the cause, and in this case, the production company may be deemed liable after further considerations have been made.
Various other factors are taken into account when determining liability for an auto accident. The ones discussed above are among those given priority in most, if not all, countries in the world.