Small Business Fault and Liability for Motor Vehicle Accidents

Injuries as a result of motor vehicle accidents can have disturbing effects on a small business, and on a person’s life.  Cases arising from the aftermath of these accidents can be devastating, frustrating and even stressful. If you know a small business owner who has an employee involved in a collision, here are some of the things you need to know about fault and liability for motor vehicle accidents:

What Do Fault And Liability Mean For Motor Vehicle Accidents?

There are several factors which can determine who’s at fault and liable for a serious vehicle collision. Due to an increasing number of injuries and deaths caused by motor vehicle crashes, the decision of who pays for the damages is based on the motor vehicle statutes passed by each state’s legislature. Below are the things to know about motor vehicle statutes involving fault and liability:

Remember that some state laws differ depending on the location. In fact, every state has promulgated laws that regulate the conduct of drivers while driving and the manner by which they should drive their motor vehicles on public roads. However, the essential thing you have to take note regarding motor vehicle statutes is the presumption of negligence when these laws are violated. It means that once these motor vehicle laws are violated, you’ll be possibly held liable for negligence.

Negligence, for instance, is an act of carelessness that causes harm or injury to one person. In motor vehicle collisions, the existence of negligence plays a vital role in determining who’s at fault.Considering the rationale of motor vehicle statutes, the manner on how we perceive negligence as a determinative factor in knowing the fault and liability of a person can also be the other way around. Although you’re the injured person in a vehicle accident, you’ve even violated the law by not wearing your helmet when the accident happened; you can also be at fault.

In getting to know how motor vehicle statutes work, you have to keep in mind that the person presumed to have caused the accident has the burden of proof to discharge the presumption that their acts of negligence are not the proximate cause of the injuries sustained by the other. In other words, there should be specific evidence to justify the causation between the negligence acts and the injuries incurred by the injured party.

How To Prove Fault And Liability In Motor Vehicle Accidents?

In any vehicle accidents, determining and proving who’s at fault and liable is essential. It’s about knowing who made a mistake or who was negligent to cause the vehicle crash. In fact, blaming someone to be at fault may be easy but saying that alone may not be enough to charge them with the liability to pay the damages to the injured party. That’s why you have to make your argument stronger by presenting pieces of evidence which can substantiate your claim. Below are the things that can help you prove fault and liability in motor vehicle accidents:

  1. Police Reports: When there are vehicle accidents involving injuries, a police officer usually comes to the scene to make an official report about the accident.
  • Take note that a police report is a written statement of an officer who studied the accident. This document often contains strong evidence about fault and liability. The evidence can be in the form of the police officer’s opinion about what happened. That’s why it’s better if you obtain a copy of the police report so that you’ll know who’s at fault based on the police officer’s findings of the accident.
  • You have to remember that a police report can help establish the liability of one person to pay for the damages as the result of the injuries sustained at the time of the accident.
  1. State Traffic Laws: State traffic laws can also be great to support your argument of fault and liability against someone involved in a collision.
  • When you know what particular traffic law has been violated, proving fault and liability may be easier and faster. All you need to do is find out the law that applies to your accident, and you’ll be in a better position to present your argument that the other driver is at fault and therefore liable for the injuries caused by accident.
  • In situations like these, it’s beneficial if you have an adept knowledge of your state’s traffic laws. That way, you’ll also know what road rules to follow and avoid at the same time.
  1. Evidence Showing The Elements Of Negligence: In motor vehicle accidents, the basis for holding a person legally responsible for the resulting injury are the elements of negligence.

Remember that establishing fault and liability for motor vehicle accidents has something to do with the elements of negligence which include the following:

  1. a) Duty – This means that the defendant has a legal duty of care to the plaintiff under a particular circumstance.
  2. b) Breach – This means the defendant violated that duty by doing negligent acts against the plaintiff.
  3. c) Causation – This means that the defendant’s negligence has caused harm or injury to the plaintiff.
  4. d) Damages – This means that the defendant should pay the plaintiff for the injury usually through monetary compensation.

We hope that the information mentioned above can give you knowledge as to how fault and liability work for motor vehicle accidents. If you think that someone is at fault in a collision you’re also involved in, have your claim assessed by an experienced attorney so that you’ll know whether you may be able to recover compensation from someone who’s reckless in causing harm to you.

Disclaimer: The information contained in this article is for general information only and should not be considered as a substitute for actual legal advice as to the legal aspect of fault and liability for motor vehicle accidents. If you’ve been in an accident, it’s recommended that you seek appropriate legal counsel for your situation.

 

 

 

 

 

 

 

 

About Rachel Green

Rachel Green hopes to impart a decades' worth of her experiences as a law writer in the form of knowledge through her work where she writes on law topics the common reader may find useful. Rachel brings sunshine to the room with her witty banter and jokes. Whenever she has the time, Rachel also loves walking Bruce, the family dog.