Every motor vehicle accident case is different, but when it comes to injured victims seeking justice and restitution, they usually boil down to the question of negligence. Determining who was negligent in an accident might be easy to do on a gut instinct level, but it is also necessary to pinpoint the specific law or laws that the at-fault party or person violated.
In order to make a claim for damages in a given case, the Dickerson & Smith Law Group will usually review applicable state traffic laws, eyewitness reports and police reports. We may also review accident scene evidence, like skid marks, damage to motor vehicles and the roadway conditions and circumstances at the accident site.
There are some common violations that courts and attorneys will look out for in terms of the at-fault motorist’s actions. For example, perhaps the at-fault driver was guilty of disobeying or disregarding a traffic signal or traffic sign. Perhaps the driver failed to use a turn signal. Was the driver speeding or driving too slowly? Was he or she driving in a fashion that was appropriate given existing traffic and weather conditions? Was the driver intoxicated at the time of the collision?
A general claim regarding the reckless driving of the other motorist may also be in order. Perhaps he or she was being intentionally reckless by driving unsafely without regard for the safety of other drivers and without regard for the fact that his or her reckless behavior will likely cause a dangerous accident.
Generally reckless driving is defined by (1) speeding; (2) excessive and dangerous lane changing, especially without looking and/or using a turn signal; and (3) dangerous passing, especially when failing to signal the lane change and/or using a median or emergency lane to pass another vehicle.
By examining these possibilities thoroughly, the Dickerson & Smith Law Group can investigate the viability of a potential claim for damages. If sufficient cause exists, the Dickerson & Smith can then build a claim for damages on the basis of the other driver’s negligence and disregard for the law.