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Determining Liability

Negligence and Car Accidents

Two Drivers Arguing After Traffic Accident

Car accidents are the primary source of personal injury claims in the United States. In fact, the National Safety Council estimates that 2.2 million people have already been injured in traffic accidents during the first half of 2015.

Legal claims stemming from car accidents are governed by the law of negligence. Those who operate a motor vehicle must exercise a reasonable degree of care for others while doing so. Individuals who fail in this duty are deemed negligent, and therefore, liable for injuries and property damage caused by their negligence.

As with any type of accident, determining liability in an automobile accident is a
matter of deciding who was negligent. In many circumstances, common sense will seem to dictate who was at fault. It will not, however, tell you precisely which law or laws were violated. Your attorney, and the courts, will examine a number of factors, including:

  • Whether traffic signs or signals were disregarded,
  • Whether someone was driving below, or in excess of, the posted speed limit,
  • Whether someone was driving while distracted or impaired, and
  • What the traffic or weather conditions were at the time of the accident.

Liability for a car accident is determined by analyzing the circumstances surrounding the accident. In determining liability, your attorney will consider the police report, relevant traffic laws, and witness reports.


How Liability is Determined

Most accidents happen because someone was negligent. However, proving that someone was careless or negligent and therefore liable for an accident or injury can be complicated. It may require private investigation, forensic analysis, reviewing expert testimony, or even recreating the accident scene.

As such, you need an experienced attorney on your side from the very start. At Hull & Zimmerman, P.C., our committed Northglenn car accident attorneys are dedicated to the belief that everyone deserves justice. We can help establish clearly who the negligent party is so that you can obtain the compensation you deserve. Call us today for a free consultation.

If one person involved in an accident was more careless than another, that person must pay for at least a portion of the damages suffered by an injured party. That is the primary rule of thumb for determining liability. However, one or more of the following may also apply:

  • If a negligent person causes an accident while employed by someone else, the employer may be liable for the accident as well.
  • If a defective automotive product causes an accident, the manufacturer and the seller of the product are both liable, regardless of which one was careless in creating or allowing the defect.
  • When more than one person is responsible, most state laws mandate that any one of the careless parties is responsible for fully compensating the injured party.
  • If the injured person was careless as well, compensation may be reduced to the degree that their carelessness contributed to the accident. This is known as comparative negligence.


At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.

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