Every year, thousands and thousands of people die in a road accident. Rash driving, driving under influence, etc are some of the reasons behind car accidents. Although the defaulter tries to get away with the incident, the law imposes fines and penalties on the defaulter. Also, the law has set guidelines for drivers to prevent the happening of accidents. Yet, there are situations when accidents occur. As such, it is important to get familiar with the accident law to seek legal help in times of need.
What is a car accident law?
It is a law relating to legal rules that determine who is responsible for property damage and personal injuries resulting from an accident. The law also consists of the principles of negligence; it applies to particular cases of personal injuries. When nuances exist, the victim of the accident has to prove the four basic elements in order to be eligible to get compensated for injuries and sufferings stemming from the collision.
These elements of car accidents include duty, breach, causation (proof of cause) and harm. As far as duty is concerned, drivers have to abide by road rules and drive their vehicles in a reasonable manner as outlined by the law. Drivers have to operate their vehicles at a safe speed, sustaining control, exercising awareness, using headlights and blinkers, and observing traffic rules.
The existence of duty is usually accepted without much argument. However, the plaintiff has to provide necessary evidence stating that the defendant breached the duty. You can show the breach of duty through direct evidence such as the traffic surveillance video, an eyewitness testimony or an admission of fault. The plaintiff can rely on circumstantial evidence such as paint smudges, skid marks, or blood alcohol readings.
However, the defendant cannot be held responsible for the plaintiff’s injuries on grounds of breach of duty by the driver (defendant). Rather, the plaintiff has to prove the element of causation. In most of the accident cases, the plaintiff can do this through medical testimony that demonstrates that the injuries are in line with the nature of the collision, and that the injuries were not in existence beforehand.
Lastly, the victim has to prove harm. The plaintiff can’t bring a lawsuit against the defendant driver unless he proves that the defendant’s driving conduct caused injuries to the plaintiff. Once harm (injuries and/or damages) is shown, the victim becomes entitled to receive compensation for medical expenses, grief and pain, lost wages and lots more.
Why hire a lawyer after car accidents?
Many victims never take the help of a lawyer after getting injured in the accident. They try to put up their case on their own. However, most of the victims of car accidents finish off with little or no compensation.
You can avoid such scenarios by relying on a specialist accident attorney. A reputed lawyer will dispute your case professionally in view of relevant evidence, and help you to get better compensation in a lot less time. By shelling a small fee to the attorney, you can ensure that you will get quick and favorable judgment for your injuries and grief.