A Brief Look at the Different Kinds of Car Accident Liabilities
Every time you get behind the wheel and drive on the road in Oklahoma or elsewhere, you become responsible for the safety not only of everyone in your vehicle, but also of other drivers as well as pedestrians. Indeed, it is such a huge obligation that you carry upon your shoulders when you become a driver.
The expectation is that you are knowledgeable and skilled enough to adeptly control the vehicle. Sometimes, however, circumstances cannot be helped, and you find yourself involved in a car accident. Not only will you have to deal with potential injuries, but also with damage to properties. Critical here then is determining who is liable in the situation, so they may be held accountable.
Here are some of the basics that you should know regarding car accidents and the surrounding legalities that may affect you.
The Concept of Negligence
To establish liability, the first thing that must be determined is whether or not there was negligence on the part of the drivers. In legal terms, negligence is defined as the failure to use reasonable care, or observing the most basic of safety measures to ensure the welfare of yourself, your passengers, and the other people around you as you operate the vehicle.
Actions that constitute reasonable care may include refraining from texting while driving, following traffic rules, or checking the vehicle for any issues before going out for a long drive. If the investigation finds that the accident could have been avoided if a driver failed to take careful steps to prevent the situation, he would be found liable for the resulting injuries and damages.
There are cases where, despite the driver’s exercise of due diligence, something still goes wrong with the vehicle, causing an accident. In this scenario, the liability may be pinned on the car manufacturer. An inherent automobile defect previously unknown cannot be said to be the responsibility of the car owner or driver. In this scenario, a product liability exists, and the victims of the accident can instead file their claims for compensation against the manufacturer or supplier.
Sometimes, road conditions become so poor, making it unusually difficult for drivers to navigate. Improper signages, poor lighting, and other road defects can cause accidents on the road. Because these facilities are state-owned, the government may potentially be held liable for their negligence.
In the event that you get involved in a car accident and would like to seek for recompense from the duly liable parties, don’t hesitate to get in touch with a car accident lawyer, such as those from Little, Oliver & Gallagher, for professional legal help.
Car Accident Liability. FindLaw.
Fault and Liability for Common Kinds of Car Accidents. NOLO.