Road Talk: Fault and Liability on the Road

Photo of author

(Newswire.net — August 31, 2019) —

Traffic accidents — although no one wants them, they have somehow become a common scenario on the road. Moreover, the question to ponder is always “Who’s at fault?”

Well, there are several factors that must be considered to determine who is liable for damages or injuries resulting from traffic accidents. An example scenario would be when Motorist A becomes seriously injured because Motorist B cuts in front after turning onto the street. However, different circumstances affect determining liabilities. For instance, Motorist A may be found liable if they were speeding or made an illegal change of lane prior to the collision.

Below, we will explain the difference between “fault” in car accidents based on common law and on motor vehicle codes, since they vary from each other.

Legal Guidance for Car Accident Liability

The car insurance industry urged that the state lawmakers should base car accident charges on motor vehicle laws and provisions rather than on the general law. As liability insurance is required in all states, this has made it easier for automobile insurers to contest fault and liability when the other party violated traffic laws, which resulted in an accident.

Car Accident Liability and Common Law

Common law recognizes four basic levels of fault:

  1.  This typically means careless or unintentional behavior that results in harm or damage, which is quite common in automobile accidents.  Negligence:
  1. : Reckless or malicious conduct refers to an intentionally negligent act that undermines the safety and well-being of others.  Recklessness resulting in severe results
  1. : In relation to the previously discussed provision, a strict legal responsibility may be imposed even though there is no definitive “fault.” This includes accidents involving certain dangerous products or extreme hazardous activities such as the transporting of explosive materials.  Strict legal responsibility
  2. Intentional misbehavior: There is no question when a motorist has been involved in intentional or reckless imprudence, such as drunk driving. But, when it comes to general negligence, establishing fault becomes more complex. More than one motorist may be found at least partially responsible.

Motorcycle Vehicle Legal Violations

Every state like Utah has passed multiple laws regulating the manner drivers must uphold when driving their vehicles on public roads. A lot of these laws are actually categorized versions of the common law.

The key point to remember is that a violation of any of these laws generally creates an assumption of negligence to the law. For example, most states require motorcyclists to wear helmets. Failure to comply is an act of negligence, which may affect legal responsibility in an accident. Thus, fault in an accident may be established merely by citing a law or provision that has been violated.

For better understanding, if a motorcyle rider suffered severe head injury after a speeding car accidentally sideswipes them, but they actually have failed to wear a helmet, both individuals will be considered negligent. Regardless of which violator has caused the incident, both parties will be deemed responsible for the specific violations, thus applying the concept of proximate cause.

With regards to the example, wearing a helmet could have lessened the injuries. Therefore, the car driver may not be held responsible for the injuries sustained but only for the accident itself.

Seek Legal Help

If you are ever involved in an accident, it’s vital that you gather substantial evidence for your claim and these should be reviewed by a motorcycle lawyer as soon as possible. In addition, it is best to contact an experienced car and motorcycle accident attorney, to know if you may be able to collect damages to cover your losses.

 

Meta Title: Determining Liability in Road Accidents

Meta Description: Determining liability in road accidents is not limited to identifying who caused it. Accordingly, the specific circumstances of every party involved will be assessed.