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Factors that may determine liability in traffic accidents

| Jan 28, 2015 | Car Accidents

Drivers from Tennessee may be interested in learning what factors make a driver liable for a car accident. Whenever illegal activity, such as driving while intoxicated or traveling above the speed limit, causes a car accident, the driver who was not complying with the law might be held liable for damages stemming from the crash.

Negligence typically occurs when a driver is being careless while behind the wheel and causes injury or damage to another motorist. Recklessness typically refers to disregarding the safety or well-being of others. Whenever damage or injury is caused by an absence of fault, such as a car having defective auto parts or a commercial vehicle operator transporting hazardous chemicals, strict liability may be established. Motor vehicle statutes are what determine who will be responsible to pay for those damages.

In an effort to make it easier to be able to challenge fault when one of their customers is involved in an accident in which they broke a traffic law, the auto insurance industry requested that legislatures base the liability on motor vehicle statutes rather than common legal assumptions. There are four basic levels of common law faults, including negligence, recklessness, intentional misconduct and strict liability.

Understanding if a common law fault occurred depends on the state’s roadway mandates and the specific circumstances that lead to the traffic accident. There are a number of common traffic incidents that take place every day in the United States, and these range in severity and repercussions. Many of these incidents are caused by negligent behavior, such as distracted driving, failure to yield, driving under the influence, driving while texting and more. Whenever an individual is involved in an automobile accident and feels that another motorist may be at fault, a lawyer who is familiar with traffic cases might be able to help assist in building a case.

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