Determining Liability in a Car Accident

If you have been hurt in a car accident, you may want to file a lawsuit against the other driver and his insurance company.

2011-07-14

ORLANDO, FL, July 14, 2011 (Press-News.org) If you have been hurt in a car accident, you may want to file a lawsuit against the other driver and his insurance company. In order to win a personal injury case, you must prove the other drive was at fault, or liable, for your injuries. If a loved one has died due to someone else's reckless driving, you will have to prove the other driver was responsible for your loved one's death.

Proving Fault in a Car Accident

In its purest form, fault for causing an accident is either created by statute or defined by common law. Common law recognizes four basic levels of fault:

- Negligence
- Reckless or wanton conduct
- Intentional misconduct
- Strict liability

Negligence generally means careless or inadvertent conduct resulting in harm or damage. It is a recurring theme in the majority of automobile accidents. It encompasses both active and passive forms of fault. For example, failing or omitting to do something, such as yielding a right-of-way, may result in liability just as much as actively doing something wrong. Reckless or wanton conduct generally refers to a willful disregard for whether harm may result and/or a disregard for the safety and welfare of others. Strict liability may be imposed, even in the absence of fault, for accidents involving certain defective products or extra hazardous activities, such as the transportation of explosive chemicals.

Under most state laws, people who have caused an automobile accident have committed a "tort," a private wrong against another, and generally not constituting a crime. Those who have committed torts are referred to as "tortfeasors" under the law. Many automobile insurance policies continue to use the word "tortfeasor" to refer to people who are at least partly "at fault" or responsible for an accident.

If you have been injured in a car accident in Orlando, Florida or a surrounding area, please visit the website of the experienced personal injury attorneys at the Law Offices of Michael V. Barszcz, M.D., J.D at www.themdjd.com.

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Determining Liability in a Car Accident

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