Motor Vehicle Accidents

Cases arising out of automobile accidents are by far the most common type of personal injury case in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). Generally, people who operate automobiles must exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries.

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. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses. 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
• Driving under the influence of drugs or alcohol
• Reckless Driving