Who Can Be At Fault For Personal Injuries In A Car Accident ?

By The Perazzo Law Firm

We have received overwhelmingly positive feedback from our readers. Many of you have requested additional information on personal injury. One of the complexities of this area of law is knowing where to assign the fault for personal injury in a car accident.

It is easy to assign fault for personal injury to a single individual or an entity, however the reality may be more complicated. Personal injury may not necessarily involve a single event but may be continuous. An individual may be involved in a car accident where another driver failed to yield the right of way and caused a crash. However, faulty brakes may have contributed to the cause of the accident. Moreover, the safety systems in the victim’s vehicle may have been defective. Furthermore, the physician treating the injured victim may make a mistake and exacerbate the injuries or cause additional harm.

More than a single individual or entity may be assigned fault for personal injury as a result of a motor vehicle collision. A factor contributing to the cause of a car accident may be hazardous road conditions from faulty construction. In these cases, the entities responsible for the construction and maintenance of the road may be at fault as well.

Faulty vehicle parts may also play a role. Defective safety systems such as supplemental restraint systems and the brakes may contribute to the degree of the damages and injuries. Moreover, a mechanic responsible for installing vital parts may make a mistake contributing to the vehicle failing to function safely.

At times both drivers share the blame for the collision. In situations like these and party who suffered more damages and injuries than the other may still seek compensation. However, the amount of damages awarded, if any, will be reduced by the comparative fault of the prevailing party in litigation.

In accidents involving a commercial vehicle, the owner and the operator of the tractor-trailer may be liable for the damages. The driver of the vehicle may be careless and fail to observe proper safety rules in operating the commercial vehicle. The owner and employer of the tractor-trailer may also share the fault for the accident. The employer may be liable if, for example, he/she knew the driver being employed is not a safe driver. Additionally, the owner of the vehicle may be responsible for its proper maintenance and failing to do so contributed to the cause of the accident. Incidents involving commercial vehicles may also involve the owner of the cargo being transported. At times the vehicle may be overloaded and carry hazardous materials, which result in a collision or exacerbation of damages.

At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the corporate industry. Our Miami personal injury lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking for a home, you can rest assured our lawyers will be there for you.

If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights