Liability in an auto accident injury claim is determined by identifying who is at fault for the accident. There are several factors that are taken into account when determining liability, including:
Traffic laws: The first step in determining liability is to determine if any traffic laws were broken. If one of the drivers was breaking the law, such as running a red light or driving under the influence, they will likely be found at fault for the accident.
Negligence: If neither driver broke any traffic laws, liability is determined by identifying which driver was negligent. Negligence is defined as the failure to exercise reasonable care to avoid causing harm to others. Examples of negligence in an auto accident include distracted driving, failure to yield the right of way, and tailgating.
Contributory negligence: Alabama follows the contributory negligence rule, where if the person who got injured was also negligent, even just a little bit, they can't recover any compensation.
Witnesses: Witness statements can be crucial in determining liability in an auto accident. If there are any witnesses to the accident, their statements can provide valuable information about what happened and who was at fault.
Physical evidence: Physical evidence, such as skid marks, damage to the vehicles, and the location of the vehicles at the time of the accident, can also be used to determine liability.
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It is important to note that determining liability in an auto accident can be complex, and the outcome can depend on the specific details of the case and the laws of the state in which the accident occurred. It is recommended to consult with an attorney who specializes in personal injury law to help determine liability in your case.
In some cases, liability can also be shared among multiple parties. For example, in the case of a car accident caused by a defective tire, the manufacturer of the tire may also be held liable along with the driver.
Overall, determining liability in an auto accident injury claim is a complex process that involves analyzing multiple factors and pieces of evidence, and the best way to ensure a fair outcome is to consult an attorney who specializes in personal injury law.
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