Car accident law is made up of the principles of negligence that are applied to personal injury cases wherein negligence law applies so too in car accident litigation. Traffic accidents are governed almost entirely by state law. The legal rules that decide who is at fault for the personal and property damage resulting from a traffic accident are also governed primarily by state law. To handle complex car accident laws it is wise to consult with a smart law firm about assisting you with legal procedures.
What to do Following an Auto Collision
Make sure to stop your car immediately if you are involved in a car accident. Do so at or near the place of the auto collision because leaving the scene of an auto accident is a crime. Failing to stop is known as “hit-and-run” and that is illegal. Report the collision to local police authorities as soon as possible. If necessary, seek medical attention by calling an ambulance. Afterward, call your auto insurance company. Last but not least, hire an accomplished, bar-certified, lawyer to handle any legal procedures that may arise after a car crash.
Driver Breach of Duty
The existence of a driver’s duty is usually accepted as a norm. The duty of all drivers is to obey all rules of the road and to operate their vehicles in a reasonable manner. All drivers are legally obliged to maintain control of their vehicle, observe traffic signals, drive at a safe speed, exercise awareness, and use blinkers and headlights. The people at https://www.reichandbinstock.com/houston-personal-injury-lawyers/car-accidents-injuries/ point out that auto accident victims in every state must demonstrate a breach of duty by the vehicle driver that is accused of being at fault in the car accident. For that reason, the plaintiff will often be required to provide evidence that the defendant breached a driver’s duty.
Lawyer’s Know What Evidence to Present in Court
A good lawyer will gather and exhibit direct evidence before the court to prove the accused driver’s breach of duty. This evidence may include traffic surveillance video, eyewitness testimony, or an uncoerced admission of fault from the defendant. A seasoned lawyer may also use circumstantial evidence, such as blood alcohol readings, paint smudges, or skid marks, on behalf of the plaintiff, to show evidence of the defendant’s breach of duty. In the event that a drunk driver strikes your vehicle and dies in the crash or soon afterward the drunk driver is still accountable for the damages and injuries. Most likely you will need a proficient lawyer to prove that the dead driver was ultimately at fault for the crash.
Finally, hit-and-run drivers are liable to be prosecuted and if convicted face jail time. Drunk driving, operating a vehicle without a license, and culpable homicide can all result in criminal charges if evidence presents itself. In the end, it is wise to hire sound legal counsel to deal with any such legal procedures after a car accident.