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Liabilities of Party at Fault in Car Accidents

Car accidents are the most common types of traffic accidents, which include bicycle accident, motorcycle accident, pedestrian accident or even bus accident or truck accident. There are different reasons why car accidents or any type of traffic accidents happen for that matter. The most common of these reasons include: driver negligence, lack of competence or training, negligence in the maintenance and repair of vehicles, driving under the influence of alcohol or other substances, driving while very sleepy or tired and weather conditions.

If you have been involved in a car accident, you already know that the damages, injuries and losses could be serious. As a victim of vehicle negligence, you can suffer scratches, bruises and contusions to more serious injuries like spine injuries, fractures, burn injuries, head injury and even brain injury.

For the above injuries and losses, a personal injury victim is provided under the law with the right to seek damages against the negligent party. These demands for compensation include: property damage, actual medical costs, future medical care, loss of earnings claim, pain and suffering and other monetary and non-monetary losses.

More than the property damage, the high costs of medical treatments are what drives the demand for compensation to go up. Every car accident victim should be provided with complete medical evaluation and treatments from x-rays, MRIs, lab tests, neurological tests, chiropractic care, physical therapy treatments, orthopedic treatments and even epidural injections and surgeries. However, more often than not, due to lack of legal representation, car accident victims oftentimes just get the actual medical costs, without any provision for much needed future medical care. Others don’t even get the value of their actual medical costs due to absence of legal representation.

This is why, in any type of personal injury claim, you should make sure that you get top legal advice and representation from expert car accident lawyers in California who have decades of experience in dealing with big insurance companies and large defense law firms who will do everything to help their clients escape liability.

Aside from the ordinary liabilities faced by negligent drivers, they can even be criminally prosecuted under DUI or DWI laws. If the driver of the vehicle who caused your accident had a BAC of 0.08% or higher or if his faculties were impaired by alcohol, he can be prosecuted and, if found guilty, could probably be penalized with jail time aside from paying steep penalties provided for by law.

However, not all DWI or DUI incidents result in felony prosecutions. It depends on the gravity of the accident and the history of the driver of the vehicle at fault. Usually, those who don’t have priors are only penalized with misdemeanor. If the party at fault had prior DUI arrest, then he can be prosecuted and put to jail.

If you or any of your loved ones have been injured or made victim of any type of traffic accident, regardless of the cause, you should never try to negotiate your case on your own. You should be aware that in most states, for bodily injury claims, the victim is only given 2 years to file a claim against the party at fault. If you failed to settle your car accident claim within said year or failed to file a car accident law suit against the negligent party, you cannot anymore file a claim against said party. On the other hand, for property damage resulting from the same car accident, most jurisdictions only give the victim 3 years to file a claim. Like in bodily injuries, if you fail to pursue your rights within the time frame, you will then forever be barred from claiming anything against the party at fault.

Hence, in order to protect your rights and your family’s well-being, you should immediately seek legal advice and possible legal representation to make sure that the other party pays a high price for endangering your life and your family’s future.

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