A car accident lawyer helps victims of traffic collisions get compensation from the inflicter of harm. This specialization is due to the rising number of motor vehicle accidents, particularly in the United States. It is more common than most people think, and the following is a short breakdown of the topic.
Before getting into the legal process, it is important to first define what a car accident is. US law defines it as a road traffic collision involving two or more motor vehicles or a stationary roadside object such as a tree or utility pole. Additionally, the mishap may also involve pedestrians, animals or roadside debris. In any case, these may result in injury or fatality in extreme cases.
Such cases are an example of a tort or civil wrong. Law dictates that victims are eligible to sue for losses or damages due to the incident. Upon reaching court, the victim takes the role of plaintiff, whereas the alleged inflicter of harm becomes the defendant.
The point of the case is to establish negligence. Doing so is important because it determines who is at fault and is legally responsible for whatever repercussions ensue. To establish negligence, a car accident lawyer will point out the faults of the defendant. In most cases, this involves failure to take a reasonable amount of caution while on the road. This then results in harm to another individual, usually a person that is free of any fault such as a pedestrian or unassuming driver. This is also true for cases involving motorcycles, where the help of a motorcycle accident lawyer may come in handy.
The law requires a sensible amount of care and caution from drivers. Under this law, a driver is legally responsible for the use of proper road etiquette to ensure the safety of passengers, other drivers, or other entities present on the road. Failure to do so makes a driver negligent and liable for accidents.
Road recklessness is the number one grounds for establishing negligence. This may involve simple things such as disregarding traffic signals or speeding, as well as not having lights on while driving in dark conditions, and not braking for pedestrians. Nevertheless, the most common form of thoughtlessness comes in the form of intoxication.
According to the National Highway Traffic Safety Administration, nearly forty percent of traffic crashes are alcohol-related. This is why there are numerous mainstream campaigns promoting awareness about the issue. It is of particular importance to the teen demographic because most alcohol-related cases involve such individuals.
Once liability is established, the plaintiff may file for compensation with the help of a car or motorcycle accident lawyer. The following are some of the most common damage claims.
Medical Expenses - Unforeseen medical costs are the number one claim that victims make. Serious injuries may run up to thousands of dollars, so it is best to make whoever is responsible for it pay.
Property Damage - This applies to other vehicles involved in the collision or commercial and residential properties that are affected.
Lost Wages - The law recognizes that a serious injury may put a victim out of work for a certain amount of time. In these cases, the defendant must pay for any discrepancies in earning capacity that result in the event of an accident. A car accident attorney has the expertise to address any particular inquiries that a victim might have.
Elizabeth Atkinson lately employed the services of a car accident attorney and motorcycle accident lawyer to address claims concerning a traffic collision.
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