Motor Vehicle Accident is among other legal concepts that are regulated under tort law. It represents all those legal rules that governs individual acts that result in physical or property damage, mostly during a traffic collision. This usually happens due to negligence on the part of individuals causing such damages.
Now, the law specifically answers these questions:
- Who was responsible?
- Was it due to the negligent act of the Petitioner or Defendant?
- Whether such Petitioner is liable to claim for damages.
- Incurs liability on the defendant,
- Whether damages are liquidated or unliquidated?
Example for motor vehicle accident which typically involve transportation:
- Car or Truck Accidents,
- Public Transportation Accidents,
- Accidents of Pedestrian. To name a few.,
This section of the law explicitly comprises of tenets of negligence, as relevant to this specific classification of personal injury lawsuits. “While nuances exist, car accident victims in every state must prove the same basic four elements to recover compensation. These elements are duty, breach, causation, and harm. With respect to duty, drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable manner. This means driving a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, etc. The existence of a duty is typically accepted without much argument. By contrast, the plaintiff will usually be required to offer evidence that the defendant breached that duty. Breach can be shown by direct evidence, such as eyewitness testimony, traffic surveillance video, or an admission of fault. Or the plaintiff may need to resort to circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings.
Just because the defendant had a duty to operate his or her vehicle in a certain manner, and it is shown that the defendant breached that duty, the court will not assume those circumstances caused the plaintiff’s injuries. Rather, the plaintiff must prove the element of causation. In car accident cases, this can be done through medical testimony demonstrating the injuries are consistent with the nature of the crash, and that they did not exist beforehand.”[1]
Hence, the burden of proof solely lies on the Plaintiff. Cases that could rarely constitute a damage or harm will not be considered by the Court. Once any form of reasonable damage is proved, the plaintiff might as well be eligible to claim for compensation of any kind.
Other common factors that might lead to motor vehicle accidents:
- “Disobeying traffic signs or signals
- Failing to signal while turning
- Driving above or below the posted speed limit
- Disregarding weather or traffic conditions
- Driving under the influence of drugs or alcohol
- Reckless driving,
- Drunk driving. Etc.,”[2]
If you know someone who has suffered through a similar notion or any other motor vehicle accident. It is important for you to assess your claim with an attorney. We at layman litigation provide services for the same and will guide you through the entire process.
[1] https://www.hg.org/car-accident.html [2] https://www.findlaw.com/injury/car-accidents/car
