Car Accident Attorney

in West Palm Beach, Florida

Motor Vehicle Accident Fault

How is it established who was at fault in a car accident? The person who was negligent is the one at fault, and this is the same logic as is used in other types of accidents. It may be clear to you on the scene which people were negligent – for example, a pedestrian who suddenly ran across in front of you where there was no pedestrian crossing. But you may not know what particular law was broken.

Things can get complicated with fault issues. An experienced car accident attorney will draw on a variety of sources to determine fault, such as witness statements, state laws, and police reports.

Some Factors a Court will Consider
Failing to signal when turning
Failing to drive on the correct side of the road
Driving under the influence of alcohol or drugs
Ignoring posted speed limits
Disregarding traffic signs and signals

Road Rage
Negligent and Reckless have different meanings. Negligence means carelessness, but Reckless implies a “willful and wanton disregard” for possibly causing an accident.

A person who causes an accident and is found to have been driving in a threatening or harassing way from road rage can be charged in a criminal court.

Definition of road rage:
An assault with a motor vehicle or other dangerous weapon by the operator or passenger on another motor vehicle, or an assault precipitated by an incident that occurred on a roadway.

Because of studies and surveys done of road rage, many law enforcement and traffic safety organizations are focusing more on identifying and penalizing such aggressive driving.

The National Highway Traffic Safety Administration (NHTSA) has drawn up a description of road rage driving, pinpointing its illegal actions. Some of them are:

Sudden or frequent lane-changing
Tailgating
Speeding
Flashing headlights in frustration
Failing to signal their intent
Use of an emergency lane or the shoulder to pass another vehicle

If you encounter an aggressive driver
The NHTSA makes the following suggestions:
Move your vehicle out of his way
Avoid eye contact with that driver
Do not offer any challenge, such as speeding up or blocking
Make no gestures

You can report seriously aggressive driving to the police if you have the car’s license plate. (If you use a cell phone, first park in a safe location.)

Drunk driving
In this country, drunk driving routinely causes deaths. Those drivers are legally responsible for any harm their driving causes, but liability can often extend further. The person or place which served the drinks to an intoxicated driver may also be held responsible.

If you have been injured by a drunk driver, or if you have lost a loved one this way, an experienced car accident attorney can help you assert your legal rights, and help discover who might be held accountable besides the driver.

Car accidents not the fault of any driver
It isn’t always a driver who causes an accident.

1. There could be a defect in the vehicle, and in that case the vehicle manufacturer or supplier could be held liable for any injuries caused. This would be a product liability case. If a company puts a product on the market which is defective in design, manufacturing or labeling, that company can be held responsible for any injuries caused by that product.

2. A car mechanic and his employer may also be held liable if their repairs are faulty and cause an accident.

3. Various environmental factors can also cause car accidents, such as:

Poor road maintenance
Malfunctioning traffic signals
Poorly-designed roads
Poor road lighting
Road repairs or construction
Poor or absent signage
Badly-placed trees

In these scenarios, a government entity can potentially be held responsible. The rules are different if you bring a claim against government bodies, so an experienced car accident attorney would be crucial in the success of any such claim.

If you are in a vehicle accident
Regardless of who is eventually held responsible for your injuries and property damage, it is important that you preserve evidence, have your injuries thoroughly examined by physicians or other health professionals, and have the accident investigated. Please give us a call, or send an email if you need legal assistance. We can assess your situation and determine what methods would be most effective in obtaining compensation for you. Schedule your free consultation today.

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West Palm Beach, Florida, car accident attorney Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the IKON Building.