The party at fault in a car, truck, motorcycle or bicycle accident is the party who has generally have acted negligently, carelessly or willfully ignored traffic laws. Laws ensure that those negligent persons are held responsible and that the injured parties are awarded damages.
How Exactly Do These Laws Work?
Here are some tips on what determines legal liability in vehicular accidents:
- If both or all the parties are negligent or to some degree responsible for the accident, then the ones who are more negligent (or who bear the most responsibility) typically pay for a larger portion of the damages suffered by the more careful person. This also means that the injured parties compensation may also be reduced. The doctrine, known as “Comparative Negligence,” essentially means that, the parties will be responsible for.
- If the person was somewhere he or she was not supposed to be or where he or she should have expected the other party’s activity to have taken place, then his injuries may not be compensated by the other party because that person had not duty of due diligence towards him.
- The employer is responsible for the acts of the negligent person who has caused the accident while he was on the job. This doctrine, known as “Respondeat Superior,” will only apply when that negligent person was acting under the scope or duties of their employment.
- The manufacturer will generally be responsible for accidents that result from the improper construction of the car, truck, motorcycle, or bicycle. The owner takes the responsibility if the vehicle that has caused the accident is poorly maintained.
Have You Been Involved in a Vehicular Accident?
Get the Legal help You Deserve!
With so many combinations of responsibility and liability surrounding common car accidents, trying to figure out who to turn for damages and what steps to take can make an already troubling and hard time, even worse. Having an experienced car accident attorney to help those injured parties through these decisions and incidents greatly reduces stress and led to efficient settlements to restore the injured parties.
If you or a loved one has been involved in a traffic accident, the Providence car accident attorneys at d’Oliveira & Associates want you to know that you may be entitled to compensation. d’Oliveira & Associates, a Rhode Island and Southeastern Massachusetts firm, deals with traffic accident cases where people suffer any injury from negligence or fault of another driver or motorist.
All drivers have a duty to exercise due diligence in carrying passengers and in using the road. Our Providence auto accident lawyers work to make sure that your rights are protected and that your best interests are served. If you believe that you have a car accident lawsuit, please contact the law offices of d’Oliveira & Associates at 1-800-992-6867 or fill out a contact form for a free legal consultation.