As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Fault issues can be complicated, and an experienced accident attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
- disobeying traffic signs or signals;
- failing to signal while turning;
- driving above or below the posted speed limit;
- disregarding weather or traffic conditions;
- failing to drive on the right side of the road; and
- driving under the influence of drugs or alcohol.
In the above case it is essential that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon personal injury attorneys who are skilled and experienced in accident cases to assess your situation and determine the best methods for you to obtain any compensation available for the damages you suffered.