However, if you weren't responsible for the accident there is a good chance that you can seek compensation for your injuries from the responsible party. It's not always possible, and your best bet is to begin by speaking to an attorney during a free consultation. This can help explain to you whether or not you actually have the right to seek compensation, what to expect from the process, and any steps that you'll need to take.
Before you speak to an attorney, there are some things that can help you prepare. Understanding the basics behind fault and responsibility in personal injury law can make it easier to know what to expect and to understand the explanations that the lawyer may provide. There are several key things you'll want to keep in mind.
First, it's important that you understand the issue of negligence and recklessness. Determining fault is the first step towards proving that you have the right to seek compensation, but these two issues are even more vital. Fault is simply the burden of blame, but that alone doesn't mean that you have the grounds to seek restitution. Instead, you have to prove:
- • That the other party acted in a negligent or reckless manner
- • That their actions directly caused the accident in which you were injured
In short, accidents happen and sometimes can't be helped. But negligence or reckless behavior are grounds for compensation. Potential negligent or reckless behavior in an auto accident include:
- • Texting while driving
- • Driving while impaired
- • Speeding
- • Distracted driving
Additionally, other factors could play a role in an accident's fault. For example, if an auto manufacturer's parts are defective, you could hold them at fault. If a road is designed in an unsafe manner, you could hold them to blame.
It's also worth mentioning that if a trucking company's truck was involved, there could be even more fault found. Truckers must follow strict guidelines and failing to do so could lead to them being held liable – as well as the driver. If the trucking company fails to enforce DOT regulations such as keeping a log of hours driven, you may be able to seek compensation.
As you can see, the key isn't showing that the other party was at fault, but that their actions were negligent and reckless. It's an important distinction and one that is difficult for some injured parties to fully understand. Your attorney will begin by reviewing the specifics of your case and using the information to look for fault. Things like accident reports, police statements, and more can all be used to help them come to a determination.
While the basics above should help make it easier for you to determine whether or not you have the chance to pursue financial compensation for your injuries, you'll still need to speak to an attorney. They'll help you determine for sure what your rights are, and can then help you take the next steps towards getting the compensation that you're owed.
If you've been injured and need help, contact our offices today. With years of experience, we can help you figure out what your rights are and how to pursue the financial compensation that you deserve.