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Determining liability in vehicle accidents

There is a myriad of factors that can cause a car accident. West Virginia motorists could benefit from learning what they are and how to determine who is liable for a crash.

Driver error is the frequent cause of rear-end collisions that occur at intersections. Almost every state has distracted driving statutes, and a driver who is guilty of not paying attention is highly likely to be held liable for damages or injuries that resulted from him or her not braking in time.

Motor vehicle accidents sometimes occur due to mechanical failure. A driver may be considered liable for such an accident if it is determined that the brakes, tires and or equipment in his or her vehicle were not properly maintained. However, if the malfunction that caused the crash was due to a defect in a vehicle's braking system or some other area, damages may be pursued against the manufacturer.

In many car accidents, the drivers of both vehicles may share the blame. For example, a driver may speed through a red light and get struck by another driver who failed to brake in time. The degree of fault each driver gets assigned depends on the negligence statutes of the state where the accident occurred. Legal theories pertaining to comparative and contributory negligence may be used to determine if a driver would be able to pursue financial damages in a situation in which he or she is also considered to be at fault.

A personal injury attorney may assist individuals injured in car accidents obtain the financial compensation to which they may be entitled. The liable parties may be sued if the crashes resulted from them texting while behind the wheel, being distracted, speeding or driving while intoxicated. Victims may use their financial settlements for medical expenses and car repairs.

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