Auto Accidents: Who are the Real Liable Parties?

The National Safety Council (NSC), which is a 501 public service organization that is both -profit, non-governmental, is an ally of the National Highway Traffic Safety Administration (NHTSA) in the task of saving lives by preventing injuries and deaths (in homes, at work, in communities and) on the road through leadership, advocacy, education and research. But rather than just counting fatal public road accidents, which is the practice of the NHTSA, the NSC includes those that occur in private premises, and for the year 2013, the NSC was able to record 35,200 fatal traffic accidents plus 3.8 million crashes more resulting to injuries that require medical attention. The council also states that the most common causes of the accidents are human errors, such as drunk-driving, reckless road behavior, overspeeding, texting while driving, running a red light, tailgating, and an endless list of other mistakes.

Motor vehicle accidents are due to factors that are either within or beyond the driver’s control. Manufacturing defects and sub-standard car parts, to which vehicle and vehicle-parts manufacturers are answerable for, and road defects, to which the government may be held responsible, are factors beyond the driver’s control.

In May 2014, the NHTSA posted (in its website) a list of vehicles that were being recalled by their manufacturers. Obviously, the vehicles had defective parts that were serious enough to put lives at risk. Some of these defects are a steering wheel that could malfunction, engine parts that can cause gas to leak, child locks that could possibly disengage, wipers that may not function, brake pads that may disengage from the caliper, and so forth.

In the case of roads, potholes, ruts, cracked asphalt and ice patches were discovered too and unless repairs are made and maintenance ensured, the American motorists will continue to carry the burden which translates to costly vehicle maintenance and repair, more fuel consumption and greater risks to accidents.

Whatever the causes of car accidents are, all these usually boil down to only one fault: negligence. Now, any harm that befalls an innocent victim, who may be a motorist, a pedestrian, a bicyclist or a motorcyclist, whether the harm is a personal injury or wrongful death, the liable party will be legally responsible in compensating the injured victim or the victim’s bereaved family. This compensation ought to cover the victim’s lost wages, cost of medical treatment and all other damages (present and future) that result due to the injury.

The litigation process, which will allow the victim or his/her family to receive compensation, is not an easy process, though. Evidences will have to be shown that the victim is, indeed, a real victim, which means that he/she is totally without fault in the accident. Proving who the real liable party in the accident is, is not easy too as the real cause of the accident may have been a defective car part or a defective road, and not necessarily driver error.

It is a sad fact that many victims have lost civil lawsuits in the past or were awarded just a small amount of compensation simply because they lacked proper legal representation. Victims should understand that legal professionals are their strongest allies in legal battles where their rights and financial situation are at stake.

There are a number of highly-qualified legal professionals to whom victims can turn to for strong representation, such as Massachusetts car accident lawyers, a Milwaukee car accident lawyer or an Oklahoma personal injury lawyer. These people are just a phone away and, surely, their actions in helping and representing victims can make a lot of difference in the court.

One Comment

  1. Ritter & Associates says:

    Do you have a facebook where I can see more posts like this?

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