Signe O'Brien Rudberg Automobile Accidents Law Blog on Lawyers.com

One of the more confusing aspects of motor vehicle accident law is that “fault” does not necessarily translate to liability. Liability is a legal concept, where different legislative and judicial decisions dictate whether an individual can recover damages for injuries sustained in a Pittsburgh auto accident.

A frequently-cited cause for assigning liability in an accident is reckless or careless driving. This behavior, which is considered more deliberate than simple negligence (see below) includes, but is not limited to:

• Driving while intoxicated
  
• Driving well in excess of the posted speed limit
  
• Ignoring posted road construction warnings
  

Reckless disregard for the safety of others is usually a clear legal violation and as a result, the driver is usually found liable for the accident. Once determined to be liable for the automobile accident, the reckless driver’s insurance company is responsible to pay for the injured person’s injuries and losses.

The most common factor cited when establishing liability for an accident is negligent behavior. Examples of negligence include:

• Failure to yield the right-of-way at an intersection
  
• Failure to stop at a stop sign or red light
  
• Tailgating another driver on a crowded highway
  

It is not unusual for the law to find negligence on the part of more than one person involved in a motor vehicle accident (i.e., one driver was at “fault” for failing to yield right-of-way at a stop light-controlled intersection, but the other was also partially at “fault” for failing to come to a full stop before making a right turn on red). In a negligence situation, some investigation and effort are often required to prove one’s case against the other party – and to defend one’s self against any counterclaims of contributory negligence.

A violation of any of the established motor vehicle laws in a state is usually considered proof of negligence. If your attorney can cite the statute(s) violated by the other driver involved in your accident, it may be enough to establish negligence and thus liability for the collision. In some situations, an analysis of the vehicle that caused the accident is performed to determine whether a defect or malfunction of the vehicle led to the accident, making the manufacturer, mechanic, or owner of the vehicle liable for your injuries.

Your attorney may use the following evidence to establish negligence:

• State driving codes and regulations
  
• Police reports
  
• EMT and any other first responder reports
  
• Photographs of the scene (if available)
  
• Witness statements
  

In the end, presiding state laws are used to determine who is liable for an accident and thus who must pay to whom for damages and injuries caused by an automobile accident.

Article presented courtesy of the Pittsburgh auto accident attorneys at Rudberg Law Offices, LLC, 866.306.2667, www.rudberglaw.com.