Understanding fault in common car accidents
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Understanding fault in common car accidents

| Jan 11, 2021 | Car Accidents

Becoming injured in a car accident can wreak havoc on a victim’s life. As the shock wears off, many people are struggling to both recover physically from an injury and financially from the medical bills. One way to recover compensation to reduce this financial burden is by filing a personal injury lawsuit for the motor vehicle accident.

Fault

When filing a claim, it is important to not only allege someone else has caused your accident but it also must be proven in a court of law. If someone is responsible for causing a South Carolina resident’s accident, fault must be proven. If a negligent driver has not acted in a way a reasonable person would in similar circumstances, they can be said to be at fault.

When it comes to allocating fault though, some types of accidents are such that fault is more likely to be shown from the circumstances of the case. Some examples are given below:

Rear-end

If a driver’s car is hit in the rear by another vehicle, it is most likely because the vehicle behind was driving too closely or aggressively. Fault is most likely ascribed to the rear vehicle.

Driving under the influence

Driving with an alcohol level above a certain level is illegal. Any car accident with a drunk driver, whether struck from the behind or head-on, is most likely to be considered the fault of the drunk driver.

Failure to follow traffic signals

Traffic laws are meant to be followed. However, if an accident is the result of someone failing to yield at a stop sign or running a red light, then the driver will most likely be found at fault.

Traffic safety exists because drivers obey the laws and drive responsibly. When they fail to do so, they put the lives of everybody on the road at jeopardy. Accident victims may have legal remedies available to them and may want to speak to an experienced attorney to discuss their options.