In motor accidents, the fault has to be found out for claiming the liability. If you are hit by another vehicle and the fault is with the other driver, then you are liable for the damage settlement. The one who is found guilty is responsible for bearing the damage costs of the victim.
To claim the damage amount, you have to employ a Marietta auto accident attorney. The investigation process is quite deep and the lawyer points out even the slightest scope you have. Hence it is essential to use the services of a professional lawyer for claiming motor accident liability. We will now go through the various aspects regarding the motor accident liabilities.
Who is guilty?
The person who is negligent and responsible for the accident is guilty. If he/she passed the red light, entered wrong lane, used cell phone, etc, then the person is termed guilty. Then the person at fault has to pay the damage expenses to the victim.
However there are some other conditions in which the driver is exempted from being guilty. If your car entered the wrong lane due to tire burst, explosion due to the car’s design fault, etc flip the coin towards you.
The court carefully examines all the evidences and determines the guilt person.
What are the evidences?
To find out the person at fault, court takes the following evidences into consideration.
- Statements of the witnesses
- Medical and police reports
- Call records of cell phones
- Alcohol test results
- Blood test results
- Weather conditions
- Road conditions
All these evidences are thoroughly scrutinized and the guilt is decided by the court.
The four fault conditions
The common law had stated four fault conditions that are taken into account during the proceedings. They are…
- Negligence
- Recklessness
- Intentional misconduct
- Liability in strict conditions.
If a person jumps a red signal and causes an accident, the charge against him/her is negligence. If the accident is caused due to the possession of harmful objects, then it comes under recklessness. The accident cases involving drugs and alcohol, etc are intentional misconducts. Some conditions do not have any second thoughts and they come under strict liabilities.
Compensation
The person who is decided to be victim by the court can receive the following damage expenses.
- Medical expenses
- Property loss
- Income loss where the victim cannot continue working in future
- For the physical and mental pain the victim has suffered with.
