What Factors Are Considered When Determining Motorist Negligence?

There are many ways a driver can be negligent. Have you been in a car accident that you believe was the other motorist’s fault? If so then you might want to contact a car accident attorney to review the circumstances of your case to determine if filing a negligence lawsuit is appropriate.

In this Low Cost Legal guide we will outline what factors are usually considered when determining if a motorist has been negligent behind the wheel.

Not Obeying the Law is Motorist Negligence

If a motorist was not obeying traffic laws, then they might be responsible for any accident that occurs. Common traffic violations often lead to accidents that harm other drivers, bike riders and pedestrians. Was the driver speeding? Did the driver fail to yield the right of way? Was the other driver reckless? Did the driver run a red light or a stop sign?

Any of the above violations could put the other driver at fault in any accident in which they are involved. A good litigation attorney will find out if the driver was cited for any violation. If they were, that would strengthen your case. If they weren’t your litigation lawyer might depose witnesses to find out if the driver was disobeying the law, even if they weren’t ticketed.

Impaired Driving is Motorist Negligence

If the driver is ticketed for impaired driving, a DUI attorney can easily demonstrate their negligence. If you believe the driver might have been under the influence of alcohol or any type of drugs, even if they weren’t arrested for it, let your litigation attorney know of your concerns.

Distracted Driving is Motorist Negligence

There are many other ways to show driver negligence. These include texting or talking on the phone, having a dog on your lap or in the car, carrying several passengers who might have been distracting the driver through their words or actions, listening to loud music, wearing earphones, wearing sunglasses on a day that was not bright, having lettering or stickers on the vehicle’s windows or having tinted windows, failing to have their lights on in low-light conditions and more. If the driver was doing any of these things, a car accident attorney could make a case for motorist negligence.

A Litigation Attorney Will Fight for You

A good car accident lawyer will work to find out exactly what happened, that is their job. Once your attorney has all the necessary information and can prove negligence they will present the facts to the court and perhaps you will win a settlement and be awarded damages.

In some car accidents your vehicle may be parked and only slight damage was incurred. In cases like this you may want to consider a small claims court to get some recourse. The amounts you can sue for vary by state so you will need to do some homework to see if this is a good option for you at little to no cost.

In Conclusion – Paying your Personal Injury Attorney

In such cases, litigation attorneys offer low-cost legal help. Most car accident attorneys will work on a contingency basis. They will agree to take your case for free. If you get a settlement or win damages in a lawsuit, they will get a percentage of it as their pay.