The FAQ section of the website for a personal injury lawyer usually contains many questions that relate to automobile accidents. This article gives the answer to each of a few sample questions.
What factors determine who is at-fault for a given accident?
The traffic authorities and the insurance company will both check to see who was following the rules of the road. If neither of them broke any rules, was either of them less careful? Did either of the act in a thoughtless manner?
Evidence of negligence suggests the sort of behavior expected from an at-fault driver. Still, a driver cannot be accused of negligence unless all 4 needed elements are present. That would include proof of the defendant’s duty of care, along with the readiness to breach that duty. Proof of damages and causation, if present, would provide the other 2 needed elements.
Can an accident victim be declared partly at fault for that unfortunate incident?
Yes, if there is evidence that the victim’s actions contributed in some way to the accident’s occurrence. If that is the case, then the court could place limitations on the size of the victim’s compensation.
Who do you sue if you have been injured in a trucking accident?
There is a long list of possible defendants: the driver, the truck’s owner, the company that leased the truck, the manufacturer of the truck’s parts, or the shipper or freight loader. A smart victim would think about retaining a personal injury lawyer in Barrie. Some of the possible defendants, namely the trucking company, the leasing company and the hauler might argue over which insurance should get used to compensate the victim.
Who could be declared liable in an accident that involved a motorist and a rider on a scooter?
The first issue would concern the source of insurance coverage for either party. The motorist should have purchased some form of car insurance. The level of coverage provided by that policy would determine that level of coverage provided to that particular motorist.
The coverage for the scooter’s rider would prove more difficult to determine. Two of the biggest companies renting scooters have refused to accept blame for any scooter accidents. Would that claim hold up in court? Personal injury lawyers await the results of a test case, so that they can know the answer to that particular question.
A court would decide whether or not the scooter rider should be declared lacking in insurance, and, thus, required to pay for his or her injuries. The courts, not the renting companies have the right to declare the existence or absence of liability. After personal injury lawyers learn what some court has decided, then they should understand what actions to take.