As an auto accident attorney in Mesa, AZ, I want to give you some insights on what I have found over the years with regard to auto accidents. Car accidents are often caused by driver negligence, or a problem/defect with one of the vehicles involved. Below are some explanations of why this is true.
The issue of fault in most injury-related insurance claims and most personal injury lawsuits depends on establishing who was negligent. In a car accident case, one obvious way that a driver can be negligent is to be intoxicated or under the influence of drugs while driving, but taking certain prescription medication can also be negligent. Medicine warnings tell us not to take a certain medication while operating heavy machinery. If you get into a car accident while taking one of those medications, you may be blamed for your carelessness.
The more common form of driver negligence is, however, basic inattention to the road. Cars are big, heavy machines, and a lot of things are happening on the roads. Taking one’s eyes off the road, even for a second, can be negligent. There are innumerable ways in which a driver can be inattentive. Some of them include:
- looking at something or someone by the side of the road
- looking at a map or a piece of paper
- changing the station on the radio
- looking at a cell phone
- getting something out of the glove compartment
- adjusting the seat
- getting something out of your pocket
- looking into the back seat or getting something out of the back seat
- looking at your children to talk to or scold them
- eating or drinking (even non-alcoholic beverages) while driving
- putting on makeup, and
- shaving (yes, that’s been done while driving).
Auto Accident Lawyers have used every one of these examples (and many more) to prove negligence in a car accident case. If you are hit by a driver who was doing any of the above actions at the time of the collision, that is evidence that will improve your chances of proving your personal injury case. Conversely, if you cause a car accident because you were doing any of the above things, you can expect that your insurance company will be paying on the claim and raising your insurance premiums.
Cars in Bad Condition
Defective cars can be very dangerous. Defects in cars include not just problems with the way that the car came from the factory, but also problems that develop over the life of the car. For example, if your brakes are wearing out, but you choose not to replace them, you are knowingly driving a defective car and you will be found negligent if you cause an accident by being unable to stop in time.
Common problems with cars that are likely to cause an accident include problems with the steering, acceleration, braking, or lights. If your car is showing signs of any of these problems, you should get it checked out as soon as possible. If a mechanic tells you that your car needs to be repaired, you should get it fixed. If you can’t afford to repair it, you should not drive it. Knowingly driving a car in need of repair is asking for trouble. If you get hit by another driver who was knowingly driving a car in bad shape, an auto accident lawyer should be able to prove your case.
If you get into a car accident that was not your fault, I am an experienced auto accident attorney here to help you. Call me today for your free consultation at (480) 833-1113. I am happy to help.
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