Automobile lawsuit and motor vehicle accident cases constitute about 52 percent of the overall personal injury cases filed every year. Out of which, around 39 percent of the judgments are awarded to the defendant. Therefore, the defendant is often discharged from all their liabilities in relation to the settlement amount as can be seen from this figure. This is usually done after the plaintiff has been sufficiently compensated by the insurance company. However, there are times when insurance companies refuse to release the settlement amount on these grounds alone and this results in a personal injury case being awarded to the plaintiff.
Motor vehicle accidents occur due to several different reasons. Faulty engineering by the manufacturer is considered the most common reason behind such accidents, followed by manufacturing defects and driver error. Faulty car design features also play a role in causing such accidents. Such defects could be as minor as missing glass or doors. Even if such defects are not the primary cause of accident, they still need to be proven and a lawsuit should be filed on the basis of that.
In most cases, if the auto accidents were the result of faulty automobiles, the defendant would be held liable and it would be up to them to make amends by either offering a full and final settlement or getting it off. However, if it can be proved that the plaintiff was at fault, the burden of proof in such cases shifts to the defendant’s insurance company. Therefore, it becomes the duty of the insurance company to disprove the claims of liability by producing strong evidences in support of its viewpoint.
Most states also have a no-fault provision, which means that in case of automobile lawsuit, the plaintiff has to prove that the defendant was at fault and that he acted unreasonably in violation of what he actually believed or should have known. In such instances, the plaintiff has to prove the liability of both parties. It is important to keep this in mind because a no-fault provision is often used by the defendant in order to escape from responsibility. In such a scenario, the plaintiff would have to prove that the defendant was either careless or misinformed, or else had an incorrect perception of what should have been the case.
The consequences of being found liable for an automobile accident lie beyond just financial damages. It also includes all types of medical and funeral expenses that may arise during the course of a trial. Some states also provide compensation to people who have been involved in an automobile accident due to other parties’ negligence. This also includes cases wherein the other party was driving under the influence of alcohol.
There is a common misconception that a personal injury lawsuit can only be filed against the at-fault driver of the offending vehicle. This is not true because even if it is the other vehicle that caused the accident, one can file a suit against the owner of the car, as well as the driver of the truck or bus that allegedly caused the accident. In these circumstances, a trier of fact will determine whether or not one’s damages should be paid out of your own pocket. Although most personal injury lawsuits are usually filed against the at-fault driver, they can also be filed against the other driver of the vehicle if their conduct is deemed negligent. The other party may also be responsible for other driver’s compensation costs in such cases.