Dual Liability in Car Accidents - Yes, it is true that both parties to a car accident can be at fault. The truth be told when you get behind the wheel of a vehicle you are suppose to pay attention to all car accident laws.
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Anapol Schwartz Public Safety Newsletter Issue No11
1. Newsletter Issue No. 11
Dual Liability in Car
Accidents
Yes, it is true that both parties to a car
accident can be at fault.
That the truth be told when you get behind the wheel of vehicle you are supposed
to pay attention to all car accident laws. Of course, many drivers are negligent in this
respect. Thankfully, most of their vehicle infractions do not result any severe harm to
others. Part of the reason for this is because when a driver is speeding or weaving in
and out of lanes, a traffic officer will pull a driver over and put a stop to the reckless
behavior.
It would be naive, however, to assume no accidents happen as a result of violating
highway safety laws. In some instances, two drivers who are ignoring highway safety
laws can be involved in accident. For example, a car could be speeding then hit by
another car that made an illegal uturn.
In some instances, this can result in a minor fender bender. However, there are also
those instances where there are severe injuries as well as instances of wrongful death.
Such grim outcomes can often lead to a civil lawsuits. However, there is a unique
complexity associated with these lawsuits because both parties were violating the law
when the accident occurred. This brings up an important question: where does the fault
lie?
That question is a hypothetical because such an instance would be a very complex car
accident case to litigate. However, even if a driver was violating speed laws when they
were hit by another car it is not impossible for the speeding car to collect damages in a
lawsuit. This is because the outcome will be dependent upon the behavior of the other
driver. Again, this would create a very complex case that should be handled by qualified
attorney. This does not mean that it would be an easy case to win but the case can be
litigated successfully.
ASK A PHILADELPHIA LAWYER... TO FIND OUT WHETHER A LAWYER AT ANAPOL SCHWARTZ CAN HELP.
Car Accidents &
Young Drivers
There are a number of benefits that
come with the youth but youth also
comes with a number of inherent flaws.
That is, teenagers often have a very self
centered nature as well as a strong sense
of entitlement. Sometimes, this attitude
manifests itself in the form of reckless
behavior. This reckless behavior is often
most evident in the way teenagers drive.
Sadly, many young drivers feel that it is
perfectly acceptable to make unsafe lane
changes, drive and excessive speed, and
operate the vehicle an unsafe manner.
This is the reason why insurance
premiums for young drivers are so high.
Sadly, despite the best efforts of traffic
police, it is impossible to monitor the
behavior of all cars with reckless teenage
drivers. This does not, however, of
absolving any of these drivers from
liabilities associated with causing an
accident.
If you are injured in a car accident caused
by a teenage driver's reckless behavior
you will have strong grounds for a lawsuit.
This brings about a unique question. What
happens if you sue the driver beyond his
insurance policy? Would you be able to
claim any money from a driver who had
no assets? After all, if the driver is 17
years old what type of assets could you
expect to claim if the driver has none?
While the law will vary from state to state,
it is not uncommon for the lawsuit to be
filed against the parents of the driver even
if they were not present the accident
scene. This is because it is the
responsibility of parents to monitor the
behavior of their children.
Once again, the specifics of this will vary
from state to state based on individual
laws. A qualified car accident attorney will
understand all these nuances associated
with liability laws as they revolve around
teenage drivers. Such an attorney will
know the best course of action to take an
will implement the action. That is why it is
always critical to select the most
experienced and most successful
attorney who services you can procure.