According to the National Highway Traffic Safety Administration revealed that motor vehicle crashes and deaths rose in 2012. More than 33,000 people were killed in crashes in that year, more than the year prior. Car crashes can be among the more frequent kinds of accidents that result in injuries. A majority of collisions are between two cars, but the majority of deaths involve pedestrians and motorcyclists. In fatal accidents that are caused by an individual other than the person who died or the family of the deceased could bring an action for wrongful death, car accident lawyers in colorado.
Car Defects Cause Auto Accidents
If defective car parts result in an accident or the exacerbation of injuries that result from the accident. There are a variety of options for liability theories in which the victim of an accident can seek compensation. The theories require the plaintiff to demonstrate the loss and injuries due to a manufacturing defect design defect or failure to notify or warn of the defect, and prove that it caused the injuries. The most common theories are the strict liability doctrine, breach of an express warranty, as well as the breach of implied warranties.
In the majority of cases involving car accidents in order to hold someone accountable for damages, the plaintiff must establish that the other party’s negligence led to his or her injuries. For products however, rules have been developed, primarily due to the fact that it’s very expensive for a plaintiff to show that a producer producing a variety of lines of goods was deficient in relation to just one of the products.
The law of strict liability demands plaintiffs to show that the vehicle or particular component of the car was in error and led to their injury or property damage. Contrary to lawsuits filed by negligence, a person claiming strict liability doesn’t have to prove that the manufacturer’s actions were not in accordance with the level of care. A few car components that can cause or contribute to an accident if they’re not working properly include seatbelts and brakes accelerators, steering wheels, and ignitions.
A plaintiff could also count on a breach of an express or implied warranties. Most often, parts of a car or a car are covered by an written warranty or guarantee. The presence of a defect or multiple problems violate the warranty. What happens if there’s not a written warranty? In some statesthere exist minimal standards that products have to meet, regardless of whether the seller or manufacturer doesn’t offer an assurance.
In certain design defect cases there might be a class action lawsuit you are able to join. For instance some models of cars have tires that are defective and a skilled lawyer could already be pursuing the manufacturer. When you are a part of an action class, you don’t have to shell out an upfront expense and you can get the benefits.
It’s generally a wise choice to join the class action with car parts that are defective in cases where the losses are minimal. In those instances you and your lawyer may not consider it worth the expense of to litigate if the possibility of recovering is minimal. In the event that you’ve been the victim of serious injury, and the circumstances surrounding your case differ from the circumstances of others in the class It is better to bring your own case.
Defenses against Product Liability Claim
Most of the time in product liability cases, the defendant challenges the notion of causation. The manufacturer or seller of the product will defend their position by saying that it was the driver’s carelessness that led to the injuries, and not the part that was defective. The defendant can be able to point out the negligence of another vehicle’s driving. For example, a lighter car could tip over, even though it’s not defective, when another vehicle is able to weave into the lane of the light car is forced to turn sharply in order to avoid hitting another vehicle. In this scenario the seller or manufacturer might be able to prove that the driver of the other vehicle is the one responsible.Prior Knowledge
A seller or manufacturer might claim that a plaintiff who was injured was aware of the defect however, he continued to use the product in spite of it.
Another common defense offered by a seller or manufacturer is that a buyer was aware about the defect, yet continued to utilize the product. To demonstrate thisclaim, the defendant can investigate the quality of the vehicle component or even take your deposition and ask you questions regarding how you utilized the product to show that you were aware of the issue, but continued to use the vehicle anyway.
Accidents involving distracted driving
Distracted driving means driving without paying attention to anything that is not driving. The most common activities that distract drivers from driving includes texting when driving attempting to find directions to drive eating, getting in an dispute with a friend or putting on makeup or trying to locate an appropriate radio station. It was found that the National Highway Traffic Safety Administration observed that in 2008, distracted driving caused 20percent from total motor vehicle crashes.
The driver’s inattention to the road could be considered to be negligent. The legal basis for negligence is established in the event that the plaintiff can demonstrate the obligation that the defendant has, breach of obligation, the causality that is proximate and actual, and the actual damage. Driving generally requires the driver’s complete attention. Drivers must be able to react to unexpected situations, like an animal straying onto the road or a vehicle abruptly braking. They must also be able to react in response to signals from traffic. Attention to other things other than driving could be unintentional violation of the requirement to take reasonable care when driving.
Certain state laws prohibit or limit the use of cell phones while driving.
Certain states adhere to the principle of negligence as a whole. In general, this doctrine allows the inference of negligence made by the defendant when plaintiffs can demonstrate there was a violation of a security rule or law, and that the violation resulted in accidents, and that the plaintiff was part of the class of individuals who were supposed to be protected under the statute of safety.
For instance, if a driver is focusing on choosing an album and then runs an red light, leading to an collision with the side of the road collision with a driver and causing a side impact collision, there could be a determination of negligence in and of itself. In this scenario the defendant was in violation of an applicable traffic safety law and caused an accident and the other driver is the person the law of traffic safety was created to safeguard. The law of negligence by itself could assist in holding an individual who is negligent to be accountable for a car accident. In states that don’t accept negligence as a whole the evidence that the defendant was caught running the red light while trying to choose the CD is very convincing in proving that they breached their obligation.
What to Do Following A Car Accident
When you arrive on the scene, you must take photos not just of the damage to your vehicle however, also of the skid marks and any other obstructions in the road. It is recommended to report the incident to your insurance company. If you believe that the driver who was not at fault and you sustained injuries then you should contact and speak with an attorney who handles personal injury.
A majority of people wish to apologize when they realize they could have paid to pay attention. If, however, you’re involved in an accident you think was caused by your own negligence it is not appropriate to accept blame or give explanations to the driver who caused the accident. Any admissions of guilt that you make following an accident may end up being used to smear you by the insurance company of the other driver or in court.immediately following an accident
- Report the incident to the police
- Exchange insurance details
- Identify witnesses
- Take photos of the damage.
- Take pictures of the site of the accident
In many instances the driver was to blame in many cases, and several drivers were distracted. In the most complex of cases there may be a need that the parties engage an expert in accident reconstruction or forensic engineer in order to identify the exact and most likely causes of the incident.
Drunk Accidents while driving
In all states in all states, driving when you have an alcohol level (BAC) in excess of .08 is considered driving while under the impaired and is therefore an offense. There are many factors that can influence the amount of drinks that a driver needs to reach this BAC, which includes the weight of the driver, their genetic makeup and gender. Even when you’re BAC is not higher than .08 It is possible to be drunk enough to drive. Alcohol consumption can affect the speed at which a driver reacts to unexpected events , and could cause drivers to be erratic in driving.
People who are charged with drinking and driver in criminal courts, and found not guilty may be surprised to learn that they’re still liable in civil court to anyone they hurt or killed during drinking and driving. The civil and criminal justice systems are distinct and the standards of proof is higher in the criminal justice system than in civil courts.
An individual could be held civilly accountable for an accident involving a drunk driver even if they’re not criminally liable.
In criminal courts”proof” is a burden that in criminal courts is “beyond the reasonable doubt.” In contrast the burden of the proof required in civil personal injury lawsuits can be described as “preponderance of evidence.” The plaintiff has to demonstrate a fact and the amount of damages by proving that their account of facts is more likely not to be true. In other words, there could be sufficient evidence to hold an individual civilly accountable for injury caused by drinking and driving drunk, even though there isn’t enough evidence to establish that the exact cause of the crash “beyond the plausible doubt.”
Certain states allow someone injured by drunk driving to sue not just the driver who was drunk, but also the bar or organization which offered the drink to the impaired driver alcohol beverages despite the driver’s apparent or visible intoxication. These laws are called ” dram shop liability” laws. These laws are beneficial for plaintiffs since bars and other businesses might have insurance policies that allow recovery even if the driver is not insured or underinsured. They can also be the judge is not able to rule on the case.
Damages from the case of a drunk Driving Case
In the event of a car crash there are kinds of damages that are available to the party who is not at fault could be both non-economic and economic. Economic damages can include future and past loss of wages as well as future and past medical bills, out of pocket expenses such as household services, as well as vocational rehabilitation. Noneconomic damages are damages that could vary from one case to the next like loss of consortium, pain and suffering. of consortium.
Typically, plaintiffs seek the punitive damage option in cases that involve egregious wrongdoing of corporations with a wealth of money. In certain circumstances an impaired driver who has pleaded guilty or was convicted of an DUI might be required an obligation of paying punitive damages as part of a civil action. The reason for punitive damages in a situation is to impose a punishment that is severe enough to discourage an individual from driving drunk once again. For instance, the survivor mother who is left devastated after a drunk driver killed her husband and two daughters could seek compensation for the wrongful death of her family members and demand punitive damages.Punitive Award
A judge from the US Supreme Court has suggested that the use of a punishment for punitive damage award that exceeds a single-digit proportion to the compensatory damages award could not be justifiable.
If a jury awards an enormous amount in penalties, the party who is awarded the money could claim that the verdict is not constitutional. The court will determine if the injury was financial or physical and whether the defendant’s conduct displayed a disregard for other people’s health or safety or safety, whether the victim had financial vulnerability, if the actions were repeated or if the damage was a result of deliberate malice or deceit. For instance, a substantial punitive damages amount might not be appropriate for the defendant if the sleepiness was a result of his prescription drug and the charge of impaired driving was his first contact against the law. A large punitive damages award could be suitable in a drunk driving situation where the driver was a well-off person with numerous DUI convictions, and who was operating without a licence at the time of the fatal crash.
Auto Accidents with a lot of force
A majority of people have driven in the past or know someone who is driving too recklessly regularly. What exactly is considered to be aggressive driving? According to the National Highway Traffic Safety Administration (NHTSA) is adamant that any activity of a vehicle that poses a risk to or is likely to harm the lives of others or property as reckless driving. There are around 6,800,000 collisions within the United States every year and aggressive driving is believed to be responsible for the majority of them.
Driving aggressively includes making an unintentional gesture to an individual in traffic or cutting off someone who has rights of passage without signaling and speeding up to stop the other driver from passing you, weaving between the traffic lanes, squeezing into other vehicles or the practice of tailgating. It’s easy to think that you’re in the right, and that another driver is not doing the right thing in today’s crowded roads. However, reckless driving that can escalate into “road anger” could lead to devastating accidents. It is much safer to drive cautiously and always be alert for any potential dangers that could lead to collisions.Examples of aggressive driving
- Boxing in other vehicles
- The traffic is swaying
- Disconnecting other drivers
- Failure to indicate
Recovering Damages after an aggressive Accident During Driving
You might be tempted to fight with an aggressive driver when you’ve caused an accident because of their actions. If your reckless driving has led to accidents, then you might be inclined to apologize. The opposite of apologizing or blaming is appropriate following a collision. Instead, you should swap insurance information with the other driver. You must obtain contact information from witnesses.
Some drivers are aware they are bound to rise following an accident and may try to settle their claim privately, without informing the insurance company. If there is an aggressive crash that results in possibly serious injuries, this approach is not the best option. If the driver who was aggressive doesn’t pay the bill in the future, or if the injury suffered by the victim of the accident proves to be much more severe than originally thought and the victim fails to file an arrest report from the police or gather information from the incident may cause the plaintiff to lose his or her claim.
Utilize the police report as chance to document the driver’s aggressive behavior.
If you are involved in an accident that is caused by an aggressive driver it is recommended that you notify the police so that a police report can be made and you will have the opportunity to write down in the report the negligent or reckless conduct. Based on the county and state the police could issue a citation against the driver in question. The citation could assist you if you decide to file a civil suit. If you believe that a driver who is aggressive is a hit-and-run driver, it is recommended to record or take a photo of his license plate number.
A plaintiff injured in a collision who files an action against the driver who is aggressive will need to prove their negligence using the preponderance of evidence. The elements that constitute negligence are: (1) the defendant’s obligation, (2) breach of the obligation, (3) actual and causal causation, in addition to (4) the actual damage. Driving aggressively is likely to be viewed as a violation of the obligation to take reasonable care to prevent accidents.
What can a plaintiff do to prove that they have been driving aggressively? Most defense attorneys will try to undermine the credibility of a plaintiff. This is the reason it’s vital for those who have been who is injured in an accident to get contact details from other witnesses who could be able to support the claims of witnesses as well as why it’s important to get in touch with the police rather than trying to settle with insurance firms. Your lawyer might be able to prove the aggressive driving through evidence from witnesses or an official report of the police before the jury.
Mechanical Problems Cause Car Accidents
Many car accidents occur because of negligence, however often, a crash is caused by a mechanical malfunction or malfunction. A mechanical issue could be the sole reason for the car crash or just a contributing factor which turns a minor crash into a catastrophe.
What is an mechanical fault? The most common malfunctions include seatbelts that aren’t working and brakes that aren’t working and airbags that cause injuries the body, tires with defects or accelerators that are defective and may be accidentally activated. The seatbelt could fail in a variety of ways. It may not adjust properly or be unlatching abruptly. Failure of the seatbelt, or one of the other mechanical issues could result from an in-product defect.Visit the Justia Products Liability Center
For more details on laws governing products liability, including mechanical issues, go to the Justia’s auto defect page within the Products Liability Center.
Products Liability Suit Suspension Resulting From Mechanical Failures
If you’re injured either in whole or in part because the vehicle you own is in a mechanical snag It could be appropriate to file a lawsuit against the seller or manufacturer of the vehicle. Mechanical problems can be the result of an manufacturing defect or defect in the design of a product. Design defects are an issue that could be present in a range of products, while a manufacturing defect is a problem that occurs during manufacturing or construction process, typically only affecting one specific product or to a small number of these.
Many states allow various theories that can be employed in order to obtain damages if a person is injured as a result of defective product. Whatever theories is employed the attorney representing the plaintiff is likely to require an expert witness to testify to the defect of the product and its causality. The expert might also be required to provide evidence on an alternative design that was offered to the manufacturer in the defendant’s case.
The concept of strict liability demands plaintiffs to prove that the product was defective or unsafe condition at the time it went out of the manufacturer’s seller’s control , and that the defect was the cause of the incident. The product can be deemed to be defective in the event that it is dangerous for anyone who uses it regularly. The product is considered to be unreasonable risky if it creates greater risk than is considered normal for an average consumer. The particulars of these laws differ from state to state.
Negligence is a different theory that could be argued in a case of products liability which arises out of an accident in a car. The person who was injured in the crash must demonstrate that the defendant was bound by an obligation of care, that the defendant did not fulfill its duty, in fact and with proximate causation, and that victim suffered real losses as a result due to the violation.
Most of the time, because it’s not required to prove that a company’s actions were under a certain level, strict liability could be less difficult to prove than negligence. In the case of accidents resulted from the flawed or defective design of a vehicle the case may be more appropriate and effective to assert negligence.Negligent Repairs
Repair shops may be held accountable for mechanical failures in the event that it did not properly repair the vehicle or did not recognize the need for repairs prior to the incident. The repair shop could be responsible when it used a defective or ineffective part.
Mechanical problems could also be the result of a negligent repair performed by a repair shop , or an repair facility employing damaged parts. The cause of a claim could be the failure to spot significant repairs that need to be completed or installing an incorrect component, or following the wrong method. The experts retained by the attorney representing the victim can determine the reason for an accident, and determine if you should pursue an individual, seller or repair shop for damages associated mechanical failures.
Road Hazards Causing Car Accidents
Certain motor accident accidents result not from the negligence of the driver however, they are caused by road dangers. Road hazards may be caused by animals and rough roads, as well as bumpy edges, gravel and uneven expansion joints. slippery surfaces standing water, snow, debris or other objects that fall from an excavation site or an other vehicle.Control
The majority of the time, whoever is responsible for property bears the obligation of inspecting the property or repairing any unsafe conditions or advising others.
In certain instances, no one is accountable for the road safety hazard. It is impossible to assign blame to any person when wildlife and snow, ice, or any other natural phenomenon causes accidents. However, in some instances there is a specific and identifiable person or organization is responsible for the road danger. For instance, the federal government, as well as the construction firm that designed and built the road might be responsible for a particular difficult road with bumpy or uneven edges. In certain instances standing water may be due to a badly designed road that is unreasonable hazardous. Although certain road hazards might be minor for the truck or vehicle, they can cause an enormous impact on motorcyclists as well as a bicyclist or even a small SUV.
For instance, suppose that a motorcyclist crashes into the large construction machine that was left behind after the roadwork is completed, and loses control over his vehicle, which results in an motorbike accident and devastating injuries. The person who was injured, or the family of the victim could be able to file an action for negligence or premises responsibility against the government and also the company which designed and constructed the road.
Resilience for road hazards
Most road-related accidents are caused by negligence. The entity responsible for an accident that arises from a road-related danger differs. Certain negligent parties could include public entitieslike the federal government or the state, municipality, or government agency, as well as private firms including landscapers, and construction businesses. For instance, a public entity that is working on a roadway may be liable for the obligation of posting an alert sign or lowering the speed limit for the area in order to avoid or minimize the risk of accidents within an area of construction. For example in the event that a tree falls out of a construction vehicle situated next to a construction site that is on the road which causes drivers coming to swerve or lose control, and then crash and crash, the company that constructed it could be held responsible.The Government entities that are suing
A government agency’s lawsuit typically has different legal procedures as opposed to suing a private company. For instance, anyone who is suing a federal government entity to recover damages must do so pursuant to the Federal Tort Claims Act. Many states also have comparable laws as well as strict deadlines. But even though an individual is unable to bring a lawsuit against a government agency does not mean they are not able to seek justice against other actors who are negligent.
In certain cases the driver’s behavior can be a part or all to be blamed for an accident that results from a road-related hazard and in all states this could impact the compensation of the driver. Different states apply different rules regarding the responsibility of a plaintiff’s. If a state is governed by the principle of comparative negligence, a jury will assign percentages of responsibility to everyone including the plaintiff and a plaintiff’s compensation will be diminished according to their percentage of fault. Let’s say, for instance, an individual driving a small SUV is traveling 30 miles above the speed limit in heavy rain. then the vehicle gets flipped over after it encounters an icy surface and an anticipated bump on the road, causing injuries. Driver of the small SUV that was speeding could be liable for the equivalent of $100,000 in damages, however when he’s 80 percent responsible and the government entity who did not design the road correctly to allow standing water to accumulate is liable for 20% of the fault The driver can only claim up to $20,000 from the government agency. In certain states, any mistake made of the plaintiff like speeding could prevent the plaintiff from recovering any compensation at any time. However, in other states the person is able to only claim compensation if they are either less than 50 or 51% responsible.
Disability and medical emergencies related to Car Accidents
If two vehicles collide typically, one driver (or both) had a hand in the collision. But, in rare instances, an emergency medical situation could occur, which permits the driver to escape the responsibility, even if they are technically responsible. The defense for sudden medical emergencies applies to drivers who were affected by an issue that was not anticipated and that was not their fault. This means they can’t be considered negligent.
The elements in elements of Sudden Medical Emergency Defense
A defense for a medical emergency that occurs suddenly requires proving that the driver was unconscious prior to the crash, and that led to them losing control over the car. The situation must be sudden which gives the driver no time to respond and stop or lessen the severity of the accident. If, for instance, drivers began to experience signs of an illness prior to the accident it is likely that the defense won’t be applicable. The driver will be required to pull over instead of ignore the signs.This is the Sudden Medical Emergency Response
- The medical emergency developed abruptly prior to the incident
- The medical emergency caused the driver to lose control of the car
- The driver was not able to act to prevent or limit the damage
- The medical emergency wasn’t expected to occur.
Foreseeability is usually a controversial aspect in these cases. If a motorist has no medical history of a specific illness, and it manifests itself immediately prior to the incident, the lack of predictability is likely to be satisfied. In contrast when they’ve dealt similar incidents in the past then the development of the disease could be anticipated. Drivers must adhere to the prescriptions given for them for serious health issues and refrain from driving when their doctor recommends. For instance in the event that the driver is not a victim of heart-related issues and suffers a heart attack while behind the wheel could be regarded as a medical emergency that occurred suddenly. However it is the case that a driver is seeing a doctor who has recommended against driving in the future, they are unlikely to claim this defense should they have an attack of the heart while behind the vehicle.
Alternatives for the victims of accidents that are caused by medical emergencies
On first sight, the victim might think they are in no position to pursue a claim when the person responsible for the accident was suffering from an unexpected medical emergency. However, not all states recognizes this defense, and it is recommended to consult an attorney to determine what it means. If you are in a country that has the no-fault auto insurance in addition the insurance you have purchased will pay for damages and injuries regardless of the circumstance. Car owners who have made the smart choice to buy their own insurance for their car have the option of using that policy to pay for medical costs as well as vehicle repairs. (This requires paying the deductible, and taking into consideration the potential for higher rates later on.)
Accidents caused by drivers with disabilities
Drivers who have disabilities or restrictions are subject to the same standards in care that drivers who do not have disabilities or restrictions.
Contrary drivers with acute medical crises, those who are disabled cannot claim their disability as a reason to defend themselves should they cause an accident. They must adhere to the rules of the road and drive safe as other drivers. The standard negligence rules are used to determine their liability in the event that they cause collisions. If they hold restricted licenses and are required to adhere to the limitations that are on the license. Infractions to the limitations or not observing the guidelines of a physician is a strong indication of negligent. For instance, a driver who isn’t able to control of his legs could require hand controls to enable him to use the pedals. If he fails to install the controls or learn how to operate them, he could be held responsible for any accident that he creates. In the event that the controls fail, their maker could be at least a portion of the blame in the accident.