Who is Usually Liable in Automobile Accidents?
March 9, 2011In the US, almost 40,000 deaths occur due to automobile accidents annually.
About 4,000 of those fatal car accidents occur in California.
This does not even include the millions of injuries that come with these automobile crashes.
That is why if you have been hurt, or if a loved one has been killed in a car crash, you should quickly consult with a Los Angeles automobile accident attorney to help you hold the liable party civilly responsible for the losses you sustained.
But who are the possible liable parties in a car accident?
Well, here are the top 3:
1. Negligent Drivers
The top most liable party in major car accidents is still negligent drivers.
Most of the time, the driver’s negligence is determined due to a violation of a traffic policy.
Some of the most common driver violations include:
- DUI – Drivers are prohibited from having 0.08 percent BAC while on their vehicle.
- Speeding – The speed limit on most California highways is 65 mph; if there is no speed limit posted then assume that its 50mph.
- Reckless driving – Drivers are prohibited from driving in a way that disregards the safety of other people.
- Driving while on phone – Drivers are prohibited from driving while using their cell phones.
- Manufacturers
If the cause of the accident is a safety defect, then the most probable liable party in this case is the manufacturer.
Liability in these cases is usually determined through the principle of strict liability where, instead of proving negligence, you only have to prove that there is a safety defect that caused your injuries while you were using the car for its intended purpose.
Some of the most common car safety defects include:
- Brake system malfunction
- Defective airbags
- Sticky gas pedals
- The City
The city is responsible for providing its motorists safe roads and thoroughfares.
If the accident is caused by a defective road condition, then the city can be held liable for the injuries you sustained.
Some examples of dangerous road conditions include:
- Potholes
- Inadequate road and traffic signs
- Road debris
- Too much foliage and plantation
- Uneven lane widths
Get Help
The Mesriani Law Group has a team of expert and dedicated Los Angeles injury attorneys who have proven their mettle in handling various automobile accident cases.
For a free consultation, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .
Posted by mesriani law group. Posted In : Car Accidents
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