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According to the National Highway Transportation and Safety Administration, an automobile accident occurs every 10 seconds. These accidents account for the majority of personal injury claims in the U.S.
In auto accident lawsuits, the case is usually against the negligent driver - the driver who caused the accident. In multiple-party accidents, there is usually one driver who is at fault. Auto accident lawsuits are typically brought forth against the negligent driver in order to gain compensation for damages either to a person or property. The person injured in the accident has to prove that injuries were caused by the accident and by the driver''s negligence.
Negligent driving may be defined in a lawsuit by a number of moving violations, including disobeying traffic signs, failing to signal when turning, driving above or below the speed limit, disregarding weather conditions or traffic hazards and driving under the influence of drugs or alcohol. An injured party must prove that the driver who caused the accident was guilty of one or more of these infractions to win an auto accident lawsuit.
A driver can also be held responsible for his or her own accident. Reckless driving, such as speeding or weaving in and out of traffic, can cause single-car auto accidents, in which no one but the driver is involved. In these situations, the driver has no one to blame but his or herself, and no lawsuits can be filed. Traffic citations can be issued, however, against people caught driving recklessly. Anyone caught driving under the influence of drugs or alcohol will also be held responsible for any accidents or damage that occurs when they''re behind the wheel.
In certain cases, auto accidents are the result of external causes, such as faulty or defective manufacturing of the automobile. When this occurs, lawsuits may be brought against the automaker or dealer, who may be responsible for either not fixing the damage or selling it regardless of the knowledge of a defect. Automobiles with recalled parts can cause accidents and injury to purchasers who are unaware of the defects. Manufacturers can be held liable for certain accidents that occur because of faulty design or manufacturing.
Other external causes, such as poor road conditions, broken traffic signals and other unsafe driving conditions can cause auto accidents that are not the fault of the driver or drivers involved. While city or state governments can be held accountable in accident lawsuits of this kind, it is often difficult to make such lawsuits stick in a court of law. A personal injury attorney experienced in auto accidents can help determine the merit of a case against a city or state transportation official.
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