Navigating the legal aftermath of a car crash caused by negligence

On Behalf of | Dec 27, 2023 | Personal Injury

In the aftermath of a car accident, determining liability, especially in cases of negligence, is a consequential step in resolving any related legal and insurance matters. Understanding when someone is liable for harm caused by a car accident due to negligence can help clarify the process for all parties involved, as the liable party will likely owe any non-liable crash victims compensation. 

Liability is the legal term for “responsibility” in this regard. Whereas, “negligence” in the context of a car accident, refers to the failure to exercise reasonable care while driving, leading to an accident and related harm. Negligence can include actions like speeding, distracted driving, not obeying traffic signals or driving under the influence. To establish liability, it must be proven that negligence occurred and directly caused an accident and a victim’s subsequent damages.

Determining liability and seeking compensation

Every driver has a legal duty of care to operate their vehicle safely to avoid harming others on the road. When a driver breaches this duty (for example, by texting while driving), and that breach directly causes an accident, they can generally be held liable for the resulting harm.

Determining who was at fault in a car accident often involves investigating the actions of all parties involved. Evidence such as police reports, witness statements, traffic camera footage and accident reconstruction can clarify questions about liability. In some cases, fault may be shared among multiple parties.

Typically, the at-fault driver’s insurance is responsible for covering damages, including vehicle repair costs, medical expenses and compensation for pain and suffering. However, in cases where insurance does not fully cover the damages or if there’s a dispute over liability, it may be necessary to pursue legal action. A personal injury lawsuit can be filed against the negligent party to seek compensation for damages resulting from the accident.

As every car accident is unique, seeking legal guidance to receive personalized feedback concerning matters of liability can help accident victims to effectively pursue the maximum amount of any compensation to which they are entitled.