When an auto accident happens it is not always easy to prove which driver caused the accident, or who was negligent and to what extent. After an auto accident in Nebraska, you have a right to file a personal injury claim if your injuries were caused by another driver’s negligence.
Determining fault is necessary before awards for damages can be made. Fault is determined through negotiation during settlement discussions or by a court after trial. The complexity of determining fault and exploring the factors for liability can be handled by an experienced personal injury attorney. When you hire Matthew G. Miller to represent you in your personal injury claim, we will help you identify who was at fault in your car accident case.
Factors for Liability in Auto Accidents
There can be many different factors that help determine liability in Nevada car accident cases. Various factors may contribute to a finding of liability. Each case is fact-specific and conducting an in-depth investigation into the circumstances of the accident is critical.
Common factors that are considered in determining fault and liability include:
- State of the Driver: Driving while intoxicated, driving distracted, or driving in a reckless manner are all indicators that the driver was behaving in a negligent manner.
- Violating Rules of the Road: Established rights of way, speed limits, merging rules, and maintaining control of the vehicle are important rules of the road. Drivers who violate established rules of the road may be found to be negligent in auto accident cases.
- Employer Responsibility: If the accident involves a commercial vehicle or a driver on the road during the course of his employment, then the driver’s employer may be held legally responsible.
- Vehicle Defects: Sometimes defective conditions in a vehicle can cause accidents, such as a failure in the brakes, steering, or electronics. In these situations, it would need to be determined whether the defect is a manufacturing defect that was not the driver’s fault, or whether the defect was the result of negligent maintenance of the vehicle by its owner.
- Violations of Safety Standards: Sometimes issues with safety standards on the property where the accident occurs created the condition that caused the accident. For example, if a nearby structure collapses onto the roadway causing drivers to swerve quickly, then the owner of the collapsed structure may have failed to follow all safety standards or failed to properly maintain their property, and may be held liable for the ensuing auto accident.
- Comparative Negligence: Nebraska operates under a type of comparative negligence, which means that up to a certain point, you will still be able to recover even if you contributed to your accident. In Nebraska, the threshold is 50%. If you are 50% at fault or more for the accident, then you will be unable to collect from the other party. However, if you are found to be 40% at fault and the other party 60% at fault, you will still be able to pursue your claim against the other driver.
The above list of factors used to help determine fault and liability is not exhaustive. Many other factors can contribute to a finding of liability, making it important to work with an experienced attorney who can help you navigate the determination of fault in your car accident case.
Matthew G. Miller Personal Injury Attorneys Can Help Determine Liability
Determining liability can be a complex legal issue, but also a very important one for the results of your Nebraska personal injury case. The attorneys of Matthew G. Miller are highly skilled and have the resources necessary to determine liability in your car accident case. We will make sure your side of the story is told, and will work to get you the best possible compensation for your injuries.
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Matthew G. Miller serves clients throughout Eastern Nebraska and parts of Western Iowa including Douglas County, Sarpy County, Lancaster County, and Pottawattamie County, as well as the cities of Omaha, Lincoln, Bellevue, Papillion, Fremont, Blair, Elkhorn, and Council Bluffs.