When Can You Sue For Accident Injuries?
After a car crash, you may be injured and may want to sue the driver at fault. Suing makes the person responsible for the accident pay for his action by compensating you for your losses. For instance, you may have medical bills to pay for your injuries or auto repair costs to think about. The driver at fault should compensate you for these, and other related losses. To win an accident law suit, you must prove that the other driver cause the accident dues to recklessness, drunk driving or other unreasonable care reason.
You accident attorney must establish before the court that the driver was not using reasonable care and thus caused the accident. The attorney will have to prove that the driver had a legal duty to use care, that the duty was violated and that there was a direct relationship between the accident and the injuries you sustained.
Duty of Care in Accident Injury Cases
One of the ways through which you can win an accident injury case is by proving the other driver had a duty of care and violated that duty. Read this by checking our site.
When on the road, all drivers are expected to meet the duty of care. This means that drivers must drive defensively, maintain proper control of the vehicle at all times and driver at reasonable speed. Defensive driving means that the driver should always be on the lookout for situations that can lead to accidents, and take steps to avoid them.
You will also have to establish that the other driver was not careful on the road and caused the accident. If the driver created an unreasonable risk that led to the accident, you may be absolved of any wrong-doing. This is because you are expected to take action to avoid a reasonable risk, but an unreasonable risk is considered more difficult to avoid. (visit)...
Proving That the Driver Is at Fault
If you can prove without a doubt that the other driver's actions led to your injuries, and that the actions were careless, you should hire an accident lawyer to help you file a lawsuit.
However, if your actions contributed partially or wholly to the accident, it will not be easy to win a lawsuit. You can gain extra knowledge on this by simply accessing the site at http://dictionary.reference.com/browse/car+crash. Moreover, if you had a pre-existing condition that contributed to the injuries in the accident, winning a lawsuit will also be difficult.
Accident Injury Claims in No-Fault States
If you live in a no-fault insurance state, the insurance company will automatically pay you for your injuries. The amount that the insurance company will pay will depend on the extent of cover you have.