Despite the safety measures taken by every driver, accidents may still occur from time to time. You’ve probably come across road accidents, both huge and small, or have been involved in one.
When such happens, there are a few things you could do. Of course, the first step is to seek proper medical attention, and the next is to involve authorities by reporting the accident.
In the occurrence of an accident, with you being the victim, you’d want to receive some form of compensation.
However, before that can be approved, it’ll require investigation to determine the liability of parties involved.
What Is Liability In An Accident?
Liability is an important concept when building a personal injury case. To put it simply, it’s establishing that a party is considered legally responsible for what happened.
It could be because of negligence, or they didn’t exercise enough diligence on their part. By determining and proving liability, you can be on your way to start building your case.
However, before that river can be crossed, you’ll have to gather and present enough evidence to prove that the parties involved in the accident and the mistake they made led to the unfortunate accident.
Although it can still be a tedious and difficult process, determining liability in a highway accident is a little straightforward, especially if there’s enough evidence to show to the court and there are witnesses available.
With an off-road accident, however, the process can be somewhat tricky.
In both instances, you’ll need the help of an experienced professional, which is why it’s always recommended that you hire an accident lawyer before commencing the legal process.
With that said, this article aims to discuss important concepts and factors considered when determining liability in an off-road accident.
To start, it’d be good to note that there are three parties involved in an off-road accident. One is you, another driver if it’s a collision accident, and the automobile manufacturer.
As the driver, you have a duty of care not just to your passengers but to other road users as well.
Duty of care refers to your responsibility of being mindful of your actions and practicing standard care, which can help prevent causing injury to other road users or property damage.
The actions of other vehicle drivers involved in the off-road accident will also be taken into consideration. Just like you, they also have a responsibility to exercise the standard of care while they’re on the road.
More so, the overall function and condition of the vehicles involved in the accident must be considered too. For instance, was the vehicle working fine before the accident happened?
Automobile manufacturers, much like the drivers, also have a duty of care and must ensure the safety of their machines at all times.
If the vehicle’s owner completed all the necessary maintenance procedures, but the machine still misbehaved or malfunctioned, then the blame may fall partly on the manufacturer.
So, in summary, the party that fails in the execution of duty of care is considered at fault. If such negligence leads to an accident, then the injured victim has the right to claim compensation for losses and damages.
Elements Of Negligence
Determining who might be liable for damages is one thing, but proving the liability of the party involved is another. A personal injury lawyer can help you here. To know what factors lawyers consider to prove the liability, you can read more here.
As the claimant, you and your legal team must prove the following elements of negligence before you can fully build your case and receive your fair share of compensation:
- That the driver at fault owed you a duty of care
- That the negligence showed by this driver breached that duty
- The negligence directly or indirectly led to the accident
- That the injuries suffered resulted from that particular accident
Proving At-Fault Driver’s Negligence
As mentioned, you can only be considered for compensation if you’re able to prove that the accused driver was actually at fault.
The question of negligence will always come up in any personal injury case, whether during insurance claims or in a court of law.
The law requires you to provide substantial evidence that the at-fault driver was not careful enough while operating their vehicle.
What you’ll be doing is trying to analyze the driver’s conduct vis-a-vis what’s expected of a reasonable driver. For instance, were they in a position to prevent the accident but decided to act otherwise?
Examples of practices that fall under the expectations mentioned above include driving safely on the off-road, watching out for any spectators, and obeying the relevant traffic laws that apply to off-roading.
Inviting witnesses to support your claims can be one way to strengthen your case. You can also provide any video recordings, if available, and photos of the accident scene.
Blame Sharing Between Involved Parties
Determining liability in off-road accidents can be quite challenging given the circumstances. Therefore, it’s not uncommon to find injured victims sharing the blame with the supposedly at-fault parties.
In some cases, the insurance companies of the involved parties hire representatives to take care of the case, with their primary aim being to find any possible fault on the driver’s side.
Doing so will ensure that they don’t have to pay the full compensation package.
Therefore, if it’s found that you made even the slightest of mistakes, you might end up having your compensation reduced by a significant margin.
Any sort of negligence on your side may get the other party off the hook or provide a baseline for both parties to share the blame.
If by any chance this happens and you’re forced to share the blame with other drivers involved in the case, then the severity of your injuries won’t matter that much. Nevertheless, you should still file your compensation claims and see how the case fairs.
Liability refers to a state of being responsible for any damages or injuries caused during an accident.
It’s worth noting that every driver has a duty of care, and if they breach that duty, then the victim has every right to file a compensation claim.
However, determining who takes the blame and is who is considered liable can be quite a tricky and complex legal process.
If you’re not sure about how to properly approach your case, then this is where the benefits of a personal injury lawyer come in handy.