Factors that help Determine a Driver's Negligence
All drivers have a duty to exercise reasonable care in the operation of their motor vehicle. This duty makes drivers accountable for acts which they knew would likely result in injury to person or property and for acts which they should have known would likely result in injury to person or property. A finding of negligence will create liability for any injuries sustained as a result of that negligence. Courts will look to various factors in determining a driver´s negligence. Some examples of these factors include, but are not limited to, the following:
- Speed: A driver may be liable for an accident caused in whole or in part by driving too fast or too slow.
- Sobriety: A driver may be liable for an accident caused by driving under the influence of drugs or alcohol.
- Driving practices: A driver may be liable for an accident caused by their failure to signal while turning or their failure to use headlights when appropriate.
- Exercising caution: A driver may be liable for an accident caused by the driver’s disregard of weather or traffic conditions.
- Observing traffic ordinances: A driver may be liable for an accident occurring after they disobeyed traffic signs or signals or failed to drive on the right side of the road.
- Conduct: A driver may be liable for an accident caused in whole or in part by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident.
To ultimately determine the amount an injured person may recover, the courts may consider the negligence of all parties involved in the accident. In some states, the injured party may not have a claim where his own negligence was partially to blame for the accident. In other states, such negligence will only reduce the total amount which can be recovered. In all cases, it´s important to have a knowledgeable attorney who will explain all possible avenues for recovery.
Considerations will vary from cases to case and evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable and aggressive traffic injury attorney will investigate every possible contributing cause of an accident to ensure that their clients will receive full compensation for their injuries. Dover Law Firm will take over the investigation of your case so that you can concentrate on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
If you or a loved one is a victim of an automobile accident, call Dover Law Firm now at 770-518-1133.