Who Is Liable in Automobile Chain Accidents?

By: Alva Pao-Pei Alfonso
Submitted: 2008-09-30 00:04:42
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In a city where the roads are so populous and busy like Los Angeles, chain accidents are a pretty common occurrence. An accident caused by one vehicle may affect many vehicles, and proving fault in this kind of accident may be a bit difficult.

In many cases, determining “negligence” in automobile chain accidents is a matter of common sense, but relating that negligent act to a specific law would require some legal advice. Usually, insurance companies cover the costs when there is sufficient proof that you were not at fault in these kinds of accidents. There are cases, however, when the driver is not covered by an insurance policy, or when proving fault is not as straightforward as it should be.

What is comparative negligence?

In a lot of cases, no one person is entirely at fault in chain accidents. It’s highly possible that some people were partially at fault too because of their own carelessness. Will this mean that the other party will not be liable for damages anymore? Comparative negligence is when the degree of a person’s fault factors in the damages that will be paid. If, for example, a person is 20% at fault for the accident because of some minor negligence, then the party who is 80% negligence will still pay 80% of the damages.

What if I have a physical limitation or injury that made the accident worse?

Some people might feel hesitant to file a case against negligent parties because they have a disability or injury that made the accident worse. Even if you had a physical injury that aggravated the accident, the negligent party is still liable for the damages he/she caused. All people have the right to make their way in this life without unnecessary danger.

What about rear-end collisions?

Being hit behind is virtually not your fault. Keep in mind, however, that the laws of comparative negligence may still apply to you. For instance, is your taillight working properly and turned on during the accident? This is important, especially at night time. Were you having a mechanical problem and failed to move your vehicle to the side of the road and put on some early warning device to warn vehicles behind you that you were immobile ahead of them?

To strengthen your case in automobile chain accidents, it is best if you can look for supporting evidence that will back up your claims. Here are a few things you might want to remember when doing that:

•    Police usually respond to the site of an accident, especially when people were hurt. Get the name of the police officer who responded to the scene and make sure to obtain your own copy of the police report.

•    Eyewitness accounts count for much in a court. As much as possible, gather the statements and contact details of the people who witnessed the chain accident.

•    Going back to the scene of the accident to survey the location may show you things that you haven’t seen before. Were there any blind spots? Any damaged or unreadable street signs?

•    Gather physical evidence. It’s good practice to keep a camera in your car at all times. Photographic evidence of the scene of the chain accident will paint a clearer picture of what happened, who had the right of way, etc.

•    Each state has a vehicle code which you can refer to regarding your accident. California’s state laws can be found over the internet. You might need some legal advice to interpret the laws, though.

To effectively handle your chain accident case, it is best to get the help of trained professionals that will give you the proper legal advice. There are many Los Angeles lawyers that specialize in these types of accidents and are more than up for the challenge to stand with you in court.

Article source: Expert Articles