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Motor Vehicle Accidents
Estimates are that in the United States, more than10 million motor vehicle-related accidents occur each year. Of this number, more than 40,000 end in fatalities. These numbers include car collisions and pedestrian accidents related to reckless or negligent driving and defective automobiles. They also include accidents with fixed objects. Motor vehicle accident injuries can be some of the most severe, and leave victims permanently paralyzed or dead. In many cases, only mild to moderate injuries are sustained, but the financial burden placed on parties involved can contribute to severe emotional and other distress. State and federal laws provide for victims’ rights to compensation for damages when one becomes injured in a motor vehicle accident. The following breaks down the basics for determining liability, a key element in getting legal compensation in motor vehicle accidents.
Who’s At Fault?
By law, drivers are required to carry liability insurance that protects other drivers in the event they cause an accident. Insurance companies are often required to provide restitution to victims in these cases; however, if a person does not maintain the minimum required insurance and is found liable in an accident, their personal assets may be seized to pay any verdict against them in the event of a lawsuit.
Determining fault in a motor vehicle accident can be a complex issue. In instances where no witnesses are involved, it may be more difficult to establish who is liable. The determination of liability is based on common law or statutes. Four types of fault recognized by the law are recklessness, negligence, deliberate misconduct, and strict liability. All can contribute to personal injury and can warrant compensation for property, physical, and emotional damages. Violation of statutes carries a legal presumption that a person’s violation contributed to an accident, and forces them to prove otherwise.
Special Circumstances
There are some special circumstances related to automobile accidents that many have questions about. These include car rentals and pedestrian or animal injury. Car rental businesses often offer additional insurance coverage on rented vehicles; however, a driver’s own policy provides protection for them in many states for basic coverage. The rules for determining liability for pedestrians injured by drivers vary by state. In some cases, pedestrians are covered with their own insurance policies, regardless of who is at fault, and in others, drivers are presumed to be at fault. Damages for injuries to domesticated animals in auto accidents are typically very limited, if provided for at all. In accidents with wild animals, however, coverage is normally provided.
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