What Does Fault Mean In An Auto Accident Personal Injury Case?
Michael Babboni
Personal Injury
Florida roads can be dangerous. With nearly twenty million people living in and visiting the state at any time, the simple fact that they're so busy is enough to mean that accidents are common. Add to that things like heavy summer rains, drunk drivers, distracted drivers, and even the sudden rash of defective auto parts and it becomes clear that there are risks associated with travelling.Of course, there's no way to avoid the need to travel, so it's important to try to be as mindful and safe as possible. But sometimes, the actions of others lead to an accident that can leave you injured and struggling to recover. In these situations, it's important that you not only visit a medical professional but also a legal professional. A good Florida car crash attorney will help determine whether or not you can seek financial compensation for your injuries, and then help you do so.
The key thing that will lie at the heart of your case is fault, and while it's easy to say 'the accident wasn't my fault, it was theirs', there's a bit more to it than that in the legal system. Your attorney will help you understand the specifics of your case, but knowing the basics of what fault means in an auto accident case is worth doing.
Essentially, your personal injury lawyer has to be able to show to the courts that your injuries were caused as a direct result of the negligent or reckless behaviors of someone else. It isn't enough to just show that the other party struck your vehicle – it must be shown exactly why they struck it, and that they were acting in a negligent manner. Here are some examples of negligent or reckless behavior:
- Speeding
- Driving while impaired
- Texting while driving
- Operating a vehicle without a license
- And more
Basically, the key is showing that the other party is doing something a reasonable person knows isn't safe, and that their actions directly led to your injuries.
There's another layer to this that's worth looking at as well. Sometimes, fault goes well beyond just the other driver and to other entities. The most notable example is when a vehicle is shown to have defective parts that warrant a recall. Injuries caused by failing parts could mean that you are able to hold the manufacturer of the vehicle to blame for your injuries – especially if it's shown that they were aware of the issue but chose to ignore it.
Trucking companies can be held at fault as well. They are required to follow strict guidelines as to how they manage their drivers, and if they fail to require drivers to keep a log of their driving time or to properly maintain their vehicles, it is possible that they can be responsible for your injuries as well.
Even the engineering firm that designed a road or the government in charge of managing it could be held responsible for your injuries. If it's shown that the road design is flawed in a way that makes it overly, unnecessarily dangerous, the engineer could be held at fault. If it's proven that the government is aware of the danger but fails to set up warning signs or take steps to reduce risk, they could be held liable.
As you can see, fault is a broad definition when it comes to auto accidents. The best way to determine just who is at fault and who can be held responsible for providing you with financial compensation for your injuries is to visit a professional attorney. They can help identify the specifics of your case and help explain to you just what rights and what options you have.
If you've been injured in an auto accident, we're here to help. Contact our offices today to get a free initial consultation with our experienced law team. We'll tell you what your chances of getting compensation really are and fight for what you're owed.