If you sustained injuries in a car crash and intend to claim damages from the driver who caused the accident, it is likely that you will have to prove legal liability. In civil cases involving car accidents, the court will try to determine who was legally responsible for the crash. In many cases, the driver who caused the wreck did so because he or she acted in a negligent manner.
As an innocent victim, you may need to prove that someone else was legally at fault, and this can be a complicated process. A Mobile personal injury lawyer may be able to help.
At Morris Bart & Associates, LLC, we can apply our knowledge of local laws to your specific case, and we can assess the circumstances to determine if you may have a valid claim. If successful, you may be eligible to receive compensation for medical expenses or lost wages. Call us today at 1-800-537-8185 to arrange an initial consultation.
The first step in most car accident cases is determining who was legally responsible for the crash. Here are three general guidelines that the courts may use in order to do so:
- Location of Injured Person
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If you were in an accident while you were in a place that you were not necessarily supposed to be, there is a chance the court will not consider the driver to be legally liable. The driver who caused the injuries may argue that he or she had no obligation to be careful toward you since you were in a location where no reasonable driver would have expected you to be.
- Contributory Negligence
Contributory negligence plays an important role in determining liability, according to Alabama Law. If both members involved in an accident were negligent, the court may determine that they both contributed to the crash. If your negligence was partially responsible for the collision, you may not be eligible to collect compensation.
- Defective Product
Under certain circumstances, the courts may hold the producer of a defective product liable for damages. According to ATRA.org, there is an act in place in Alabama that protects certain businesses against malicious liability suits, but if you are able to prove that you suffered injuries or losses due to a faulty or defective product, the product’s manufacturers or distributors may be liable.
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If you sustained injuries in a crash, it is important to get adequate medical treatment. If the accident was not your fault, you should not have to pay for the damages out of your own pocket. Even if you are unsure about who is legally liable for the damages, it may be beneficial to speak to an experienced attorney and get advice on how to proceed.
At Morris Bart, LLC, we have extensive experience in personal injury law, and we have a team of 50 attorneys who can help with your case. To speak to a Mobile personal injury attorney, call us today at 1-800-537-8185 to schedule an appointment.