Legal Claims and Issues in Auto Accidents

Auto accidents comprised the bulk of most personal injury claims in the United States. Thousands of people get injured or killed in auto accidents nationwide. In fact, National Highway Traffic Safety Administration (NHTSA) statistics show that an auto accident occurs nearly every 10 seconds - causing injuries, death and property damage to many people.

Auto accident claims are generally governed by the law of negligence. Under this law, drivers are expected to exercise “reasonable care under the circumstances”, which means a failure to use reasonable care can be considered negligence.

Similarly, under the law, a negligent driver may be required to pay for any damages – whether against any person or property – caused by his negligence. On the other hand, accident victims are entitled to receive compensation for injuries and damages they suffered as a result of the accident caused by the negligent driver.

To pursue an auto accident claim, the victim (plaintiff) is required to do the following:

• Prove that the other party was negligent
• That negligence was a proximate cause of the accident
• That the accident resulted in the victim’s injuries

Pursuing a legal claim or an injury claim in an auto accident can be best achieved with the assistance of an experienced personal injury attorney.

• Violations in traffic laws which includes failure to obey traffic signs or signals
• Failure to signal while turning
• Driving under the influence of alcohol or drugs
• Driving while texting or using the phone
• Driving above or below the speed limit
• Disregarding weather or traffic conditions

Aside from negligence, intentional or reckless conduct, and aggressive driving can also lead to accidents. A driver who drives unsafely, with complete disregard for the risks that he may cause to other motorists may be considered a reckless driver. On the other hand, aggressive driving is defined by NHTSA as “a progression of unlawful driving actions”. This aggressive behavior includes the following:

• Drunk driving
• Over-speeding
• Improper passing
• Excessive or improper lane changing

But not all auto accidents may be attributed to the fault of the driver alone. In some cases, auto accidents could be the result of factors beyond the control of the driver such manufacturing or design defects and extreme weather conditions.

However, when accidents are caused by factors unrelated to the conduct or behavior of the driver, the accident victim is still entitled to pursue his claims and receive compensation for his injuries or losses. Under product liability, auto manufacturers can be held liable for injuries sustained by any person as a result of an accident caused by vehicle defects such as door latch defects, or accelerator and brake system malfunction, among others.

In a product liability lawsuit, the manufacturer can be held liable for any harm or injuries the product causes, regardless of whether the manufacturer was negligent.

In addition to this, other factors such as poorly maintained or designed roads and malfunctioning traffic signals can also be a cause of accidents. Road and highway defects can also lead to fatal or serious injuries. Design, maintenance, construction, and lighting of public roads and highways are the responsibility of government entities. Hence in cases like this, government entities may be held liable for the auto accident victim’s injuries. However, special rules apply to lawsuits and claims involving government entities.

Pursuing a claim in an auto accident depend on several factors and on the nature and circumstances of the case. To improve one’s chances in obtaining a claim, a victim must consult with an experienced personal injury attorney to have his case evaluated and his options laid before him.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

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