How Fault And Liability Related To Cause

Negligence is the cause for most traffic accidents. The liable driver gets charged with negligence.

The negligent driver could be found at-fault

That same driver was careless. He or she had neglected to carry out a necessary duty

—The duty to pay attention to the road
—The duty to avoid distractions, such as using a hand-held device, eating, searching for some item, or responding to a request from a passenger

Neglectful road workers might share the blame for a given accident

That would be true if a pothole had caused that on-road incident. It would be true if the positioning of a road sign had caused the passing drivers to be confused. That would be true if the same workers had failed to remove the debris that had fallen onto the roadway. It would be true if the accident were to take place on a poorly designed stretch of roadway.

Any car owners could be charged with negligence, if any of them chose to ignore a malfunctioning system or part.

—A broken steering wheel should be fixed.
—A broken headlight or taillight should be replaced with a functioning light.
—Worn tires ought to be replaced, as well.
—Problems with the braking system ought to be addressed as soon as possible.

If a personal injury lawyer had been hired to help an injured client, then he/she would want to search for evidence of fault on the part of the other driver.

• Cell phone records might provide some evidence.
• Any fast-food containers that might be found around the driver’s seat could serve as evidence.
• An open glove compartment or an open pocketbook would suggest that the driver had been searching for something, during the moments that led up to the accident.
• By the same token, a team of defense lawyers in Orangeville might search for evidence that the claimant should share the blame, because he or she had engaged in careless or neglectful behavior.

A defense attorney would search for other items that could support an allegation of shared blame.

Had the driver and all the other occupants of the victim’s vehicle taken the time to fasten their seat belts?

Had the driver and all the other occupants undertaken the necessary actions, in order to mitigate the development of any existing injuries?

Were there any video cameras that were focused on the spot where the 2 vehicles collided?

A good personal injury lawyer would realize that the defendant’s attorney could be asking each of those questions. Consequently, he or she would make an effort to discover the true answer to any of those same questions. He or she would not want to deal with a charge of shared blame for the client.

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