Personal Injuries: Basic Knowledge For You

Personal Injury Lawsuits: 3 Aspects Of Liability

While personal injury attorneys can assist with a wide range of injuries, from those that were caused by dog bites to those that stem from defective products, one of the problems that they help people with most are injuries related to car accidents. If you've been involved in a car accident and are considering filing a personal injury claim, there are a few things you need to understand regarding liability. This article outlines the three primary components of liability in car accidents.

The Physical Location Of The Victim

Liability is often determined by examining whether or not the injured person was in a place that he or she had any business being. For instance, if you were struck by a vehicle while walking across a major freeway during rush-hour, the courts will likely find that you shouldn't have been crossing that freeway to begin with, and thus have no right to pursue damages. However, if you were walking across the street and you had the legal right of way, in a designated crosswalk for instance, then clearly any driver who struck you would be responsible for damages.

The Condition Of The Roadways

The condition of the street or property on which your injury occurred is also a vital component of determining liability. Poorly maintained, or outright dangerous, streets might very well cause an astute and law-abiding driver to lose control of his or her vehicle and potentially collide with pedestrians or other motorists. If such was the case concerning your own injury, then liability would fall to the property owner, rather than the driver of the vehicle.

Regarding Carelessness On The Part Of The Injured Person

If your injury is at all a function of your own careless behavior, you may not be entitled to legal damages. This varies from one situation to the next, but in general your own carelessness will only hinder your right to compensation if it directly resulted in your injury.

Peeking down at your cell phone, for instance, would have little consequence in a case if a drunk driver swerved into your lane and collided head-on with your vehicle. However, if a preoccupation with your phone was what caused you to veer into an intersection without having the legal right of way, than the courts may consider your injury to be partly your own fault.

Overall, a personal injury attorney will be able to tell you if the facts regarding your accident warrant an injury claim. More importantly, an attorney like Burgess, Harrell, Mancuso, Colton, La Porta & Shea can help clarify the details regarding your location, the conditions of the road, and any presumed carelessness in order to give you the best chance possible of procuring compensation. 

About Me

Personal Injuries: Basic Knowledge For You

I have worked as a legal office assistant for about 20 years. The office specializes in personal injury claims, and many clients are looking for settlements. I have great compassion for the individuals I see, and most people are looking for money to pay their bills. Unfortunately, insurance claims are difficult and clients often file the wrong paperwork. They don't see many doctors due to costs, and settlement offers are generally low. I know that lawyers can help to raise claims substantially. They know the law and they can offer advice to clients so good results are seen. I want you to learn some basic information about personal injuries, insurance settlements, and the general claims process. Your rights and needs are important, but it's difficult to secure a settlement if you know nothing about the law. Gain some knowledge today, so your personal injury decisions are the right ones.

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