Car Accident Claims and Determining Who Is Liable

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Auto accidents can occur at any time. Usually, someone is at fault for causing the collision. Still, a victim may have little knowledge about auto accident claims and liability.

Here is a bit of information about car accident claims to help you better understand them and who may be liable.

When Can a Car Accident Claim Be Filed?

After an automotive collision, the claim must be filed within the statute of limitation. The statute of limitation is a legal time frame within which the personal injury claim must be filed in order for the victim to be able to sue for damages. Once this state-mandated time limit expires, the victim is restricted from filing a claim for their injury-related damages.

What Types of Automotive Accident Claims Can You File?

There are different types of car accident claims that may be filed to recover damages. They include the following:

  1. Injury claims. These claims are submitted to recover the expenses caused by accident-related injuries.
  2. Product liability claims. Product liability claims are injury claims that are due to a manufacturer's negligence. A defect in an automobile or one of its parts may cause a collision.
  3. Wrongful death claims. If a family member dies in a vehicular accident, the person's loved ones can submit a wrongful death claim.
  4. Government liability claims. In some cases, the driver of a government-owned vehicle causes an accident. The victim may sue the government in these cases.

What Factors Affect the Assignment of Liability?

Sometimes, the driver who is responsible for the accident may be easily identified. The person may have been speeding or breaking other traffic rules. However, there could also be other responsible parties based on other factors that contributed to the accident. Here are a few factors that are considered:

  1. Vehicle type. If a commercial vehicle is involved in an accident, the driver's employer may be partially liable.
  2. Sobriety. If a driver who was intoxicated while driving became drunk at a local bar, the establishment may be partially liable if its employees were aware that the inebriated person would be driving.
  3. Obstructive structures. If a geographic structure limits visibility or otherwise contributes to an accident, the city may be partially liable.

What Compensation Can an Auto Accident Victim Request?

An auto accident can result in multiple types of damages. Here are some of the damages for which a victim or their family members may be compensated:

  • Medical expenses
  • Burial expenses
  • Lost wages
  • Pain and suffering
  • Property damages

If you are the victim of an automotive collision, schedule a consultation with an auto accident attorney, such as David Helfand PA, in your local area.