October 5 2015

Car Accidents: Who’s at Fault?

It’s no secret that Alberta’s highways are crowded. Some days it seems as though half of the population is on the road, and they probably are. Often the cause for heavy highway traffic is, by no surprise, car accidents. Unfortunately, some people drive too fast or they drive drunk.

Types of Car Accidents

Alcohol may be the biggest factor causing car accident injuries on highways, including death. In addition to a fatality, a serious car accident may involve fractures: head, neck, back injuries and, the most common injury, whiplash. The abrupt smacking that results when a car slams into the rear end of another vehicle often causes chronic back or neck pain, which is often not recognized at the time of the accident.

Car accidents are generally grouped in three main categories:

  1. Negligence: This is the number one accident cause. It usually means that the driver was not paying attention to the road or road conditions.
  2. Misconduct: Alcohol or speeding is usually the cause.
  3. Product liability: The car is at fault here, such as a defective tire.

Determining Fault

Generally, the driver who causes the car accident is liable for all the damage that results. Often, however, liability is not clear cut or is disputed by the people involved. If that is the case, how can liability be determined? If you are involved in a serious car accident, these points might be critical in determining fault:

  • Did any driver violate a traffic law, such as speeding or running a light? Police findings on any traffic violation are often critical, although opposing insurance companies may disagree.
  • Can you collect evidence? Photos of an accident and reports from witnesses can make a difference to the result.
  • Is the accident the result of a rear-end crash? In that case, the driver who rear-ended is generally charged with liability.
  • Can one driver be considered negligent in the accident? This also generally establishes liability.

Getting Help

Sometimes even minor car accidents can result in serious injury. If you are involved in a car accident that causes any injury, contact a car accident lawyer as soon as possible. Don’t fight the “who’s at fault?” problem by yourself. Get the professional help you need to get compensation for your injuries. Contact an Accident Lawyer now.