A car accident is not something to shrug off. At first, you will be dealing with the emotional consequences of the accident, then you will have to deal with legal consequences. This you will need to be prepared for and should consider finding one of the more experienced car accident attorneys Lake Charles has to offer.
It does not matter whether you are the victim or the person who caused the accident, you will have to answer questions. Below is a brief outline that can offer some insight as to the potential legal consequences you could face.
Car Accident Liability and Common Law
Common Law is a system based on judges’ decision and custom, in lieu of written laws. In simple terms, it reflects the damage done by the person who caused it. This law is broken into subcategories.
1) Negligence means that a person acted in a careless or thoughtless manner and has caused injury or damage to another. Negligence comes in various forms, including not paying attention to the road, speeding, and other distractions. Ask your lawyer how negligence may apply to your case and the implications it bears.
2) Recklessness and intentional misconduct. This can apply to the negligence but is not limited by that definition. Recklessness involves behavior that is short of true intent to cause harm, but greater than simple negligence, where Reckless conduct is stronger than negligence. It is a frame of mind accompanying an act with no regard to its probable consequences.
3) Strict Liability covers each person involved regardless of whose fault the accident was. Strict liability for negligence is the liability that does not depend on actual negligence but that is based on the breach of a duty to make a situation safe and typically involves cases where the plaintiff was injured by the defendant’s unusually dangerous activity that the defendant had undertaken. It is in your best interest to stand prepared with help of a lawyer. You may find you are guilty of one or more of legal issues regardless of obvious fault. Unfortunately, even a victim can be found guilty because of a technicality.
Statutory Guidance and Accident Liability
Several states had lobbied for stronger statutory guidance. Vehicle code, also known as State traffic laws, can support an argument that the other driver was at fault. The DMV has condensed these laws into “Rules of the Road”. Some states would prefer liability issues be based on motor vehicle laws than common law. These laws make it easier for lawyers and the injured party to file their claims, basing their intentions on traffic law violations. This would also make it easier for the parties involved to label the blame where it belongs, instead of punishing the victim over a possible innocent technicality.
To learn more about how these laws apply to your accident consider consulting with an expert car wreck lawyer at Lundy Lundy Soileau & South.
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