For the most part, car accident laws
vary from state to state. Accident lawyers in Bowling Green, KY point out that there
are three main types of car accident laws, namely no fault laws, fault laws,
and comparative fault laws. When a car accident occurs, in most states, the
driver deemed to be at fault for causing the accident is held liable for the
accident and its consequent damages.
In reality, the driver will most
probably not have to pay for the damages directly from his own pocket. Instead,
his auto insurer will pick up the bills and the driver on the other hand will
be penalized with higher car insurance premiums. The driver will have higher
car insurance costs for a few years. If they cannot afford these higher costs
then they better get used to taking the bus, walking, riding a bike, buy a
Segway, or riding around with a friend.
Segways are addictive and fun and it has
nothing to do with Paul Blart.
However, determining who was at fault
and proving that the driver was in fact at fault is not an easy task. Only a Bowling
Green accident attorney will be able to help a victim achieve this and acquire monetary compensation for the damages negligently caused by the at
fault driver.
There are four steps to proving an
accident case, they are as follows:
Proving
that a legal duty was owed
The very first thing that a car accident
victim will have to prove to the jury or judge in charge of the case is that
the alleged negligent driver owed the victim or plaintiff a legal duty. This
first step is generally pretty straight forward to prove, anyone operating or
driving on public roads owes others using the roads the duty of operating in a
manner which exercises care and caution. Therefore, as long as plaintiff and
defendant satisfy this condition of operating or driving on public roads, this
first part pretty much proves itself in most cases.
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When turning, use your signal light. |
Cars weigh around 2,000 pounds and reach
speeds of 100 mph very easily. That is a lot of kinetic energy. When compared
to a Segway which can go around 15 mph and weighs around 75 pounds, cars can be
a much more dangerous threat to the public. Segways do not strike fear into the
eyes of the public, cars driven by distracted or drunk drivers do though.
Proving
that there was a breach in the legal duty owed
The next thing that the plaintiff and
his or her legal professional will be required to prove is that the defendant
did not abide by his legal duty. This part is a little trickier to prove or
establish since it requires evidence which can be in the form of eye witness
testimonies, police reports, photographic or video graphic evidence, etc.
Proving the driver’s breach of duty is
vital and in most situations it makes or breaks the case say Bowling Green, KY
accident lawyers.
Establishing
a connection between the breach in duty and the damages caused
Just because there was a breach in duty
it does not mean that the plaintiff is entitled to compensatory awards. The
plaintiff will have to show beyond doubt that there exists a cause and effect
relationship between the defendant’s breach of duty and the plaintiff’s
damages.
Extrapolating
damages
Lastly, the plaintiff is required to
provide an estimate of the damages and this number cannot be something out of Jurassic
World or Star Wars, it needs to make sense and be logical. It needs to be
accurately estimated with the help of medical bills, repair bills, and so forth.
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Hitting someone when they are riding their bike is not always the driver's fault. Either way, Bowling Green, KY accident lawyer will probably have to be involved. |
If
you are injured in a car accident, a Kentucky accident lawyer will
be able to help you estimate these damages accurately and will ensure that you
receive the money you deserve which you clearly do. If the accident is not so
clear on who is at fault, do not start spending money until you actually
receive it.
If you need legal help though, you need
to go right here: Accident.USAttorneys.com.
Legal help is right around the virtual corner.
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