Who Really Caused the Accident? Understanding Liability and Fault

Car accidents in Miami are often due to a driver’s negligence, poor roads or some sort of automobile mechanical defect. It is important, however, to understand how these causes affect liability and fault in a car accident. While a driver may have technically caused the accident, they may have not been negligent.

Negligence by Driver

Legal liability and fault all come down to deciding who was negligent. In car accidents, a driver could be negligent if they were driving under the influence, talking on the phone or even texting. Inattention to the road, even for a second, can be considered negligence. From changing the radio station to adjusting your seat to applying makeup—all of these things can be used to prove negligence.

But, the burden of proof lies on you. You and your attorney must prove that the driver was performing an act of negligence that caused the accident. Also, if you were performing any of these types of actions, then you could be held negligent as well.

Road Conditions

Road conditions can cause accidents, too. Cracks in the road, sinkholes, or even confusing signage lead to multiple accidents on Florida roads. If you are in an accident because of these situations, then you still can file a claim against the driver who caused the accident, but you can also file one against the government agency in charge of keeping roads safe.

Defective Vehicles

A defective vehicle can be extremely dangerous. As we have seen from the GM recall and lawsuits, defective vehicles cause accidents, take lives, and ultimately are a danger to others sharing the road. In an accident, sometimes the driver is not at fault for the accident but the manufacturer of the vehicle can be.

In situations like GM, most GM owners did not know that their vehicle had defective components. Therefore, in an accident, it is hard to label the driver as negligent or liable, since they did not know their vehicle was dangerous. In this case the manufacturer would be liable for damages.

But, after a recall, drivers who fail to have their cars repaired and know they are defective, could be held liable.

In other situations, the driver and the manufacturer could be liable for the damages, especially if driver and company knew about the defect and did not take steps to repair it.

Contact an Attorney

If you are in an accident, it is best to contact an attorney first. A car accident attorney in Miami can assess your case and help decide who is legally liable for the damages and injuries you have suffered. Whether it is one or multiple parties, your attorney will seek an adequate settlement from those at fault.

Contact the team at Anderson O’Sullivan & Associates today. We offer free consultations and would love to discuss your car accident case today.