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Establishing fault in vehicle accidents can get complicated

In our last post, we highlighted how a manufacturer's defect in equipment can become the cause for a legal claim after a truck accident. As a matter of fact, defective equipment is one of the more common reasons for truck and 18-wheeler collisions in Alabama. But it is only one in a fairly long list of possible factors.

The level to which any particular factor may have contributed to a motor vehicle collision is something that can be difficult to figure out. That's why anyone injured in a crash is wise to work with a legal professional who has a solid amount of experience dealing with car crash injuries.

Within the context of the law, it is also important to recognize that there can be a big difference between fault and liability. For example, in a case where some intentional or reckless conduct on the part of one of the parties to a crash is clear, there is rarely any question of who is at fault. The extent of liability in such cases tends to clearly follow.

But most crashes result from more unintentional actions. Negligence might have been in play on one driver's part, but it wasn't purposeful. Perhaps the other driver failed to act in a way that most reasonable people would expect to prevent the collision. In such cases fault may be less clear and liability may be shared.

This is where the rule of law may play a distinct role. If a driver violates a motor vehicle statute and an accident results that causes injury, the presumption is that the offending person bears the burden of proving that the violation was not the proximate cause of the injury.

What this reinforces is that a victim's ability to recover compensation commensurate with the losses suffered may depend on being able to show how the elements reflect violations of the law. You can see why an attorney's help can be helpful.

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Johnston, Moore & Thompson
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Huntsville, AL 35801
Phone: 256-417-6609
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