Car accident cases can result in some serious injuries, including some that can have a life-altering impact. Whether the injuries are minor or major, the victims of car accidents have the right to seek compensation from the at-fault party. The key element to a car accident injury case is to determine liability for the accident. This determines who pays for the damages caused by the accident. In this blog, we explore who is liable in a car accident injury case.
Several factors need to be considered to determine who is liable in a car accident injury case. It could be a single party or multiple parties that can be held liable for car accidents. It could be you, the other driver or drivers, the vehicle manufacturer, a government agency, auto repair shops, or any other party that is directly responsible for causing the accident.
To prove liability, you will have to rely on evidence such as a police report, medical records, witness statements, photos from the accident site, expert testimony, surveillance footage, or anything that can support your claim.
Some car accident cases are more complex, such as hit-and-run accidents. As the driver fled the accident site, you may not be able to identify the driver to file a claim or lawsuit against them. However, you can work with law enforcement agencies to help locate the driver. Hit and run is a serious offense and comes with severe penalties. If you are not able to locate the driver, you can consider using your uninsured motor coverage or state victim compensation programs to pay for the damages. If these don’t apply to your situation, then you work with a car accident lawyer to assess your legal options.
The state of Arizona follows a comparative fault-based system which means that if you are partially at fault in an accident, you can seek compensation, however, the compensation will be adjusted according to your share of fault. For example, one driver could be at fault for the hit and run, while the other party could be overspeeding. In such a case, both parties share liability, however, their share of fault could be different, and that determines the compensation.
Damages Available in Car Accident Injury Case
In most states, if you are at fault for a car accident you or your insurance provider is responsible for covering the losses of the other drivers, passengers, or anyone else harmed by the accident. You need to have liability coverage to have your insurance provider pay for the damages, however, there might be limits to what the insurance company will pay.
The at-fault party is liable to pay for economic and non-economic damages. This includes damages related to injuries such as medical bills, lost income, loss of future earning potential, pain, and suffering.
To learn more, you can consult with a personal injury attorney. They can guide the steps you need to take to establish liability and recover compensation for your suffering. The lawyer can also help gather evidence to determine who was at fault for the accident.