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Anapol Schwartz

Newsletter Issue No. 11

Dual Liability in Car Accidents

Yes, it is true that both parties to a car accident can be at fault.

Car Accidents

That the truth be told when you get behind the wheel of vehicle you are supposed to pay attention to all car accident laws. Of course, many drivers are negligent in this respect. Thankfully, most of their vehicle infractions do not result any severe harm to others. Part of the reason for this is because when a driver is speeding or weaving in and out of lanes, a traffic officer will pull a driver over and put a stop to the reckless behavior.

It would be naive, however, to assume no accidents happen as a result of violating highway safety laws. In some instances, two drivers who are ignoring highway safety laws can be involved in accident. For example, a car could be speeding then hit by another car that made an illegal u-turn.

In some instances, this can result in a minor fender bender. However, there are also those instances where there are severe injuries as well as instances of wrongful death. Such grim outcomes can often lead to a civil lawsuits. However, there is a unique complexity associated with these lawsuits because both parties were violating the law when the accident occurred. This brings up an important question: where does the fault lie?

That question is a hypothetical because such an instance would be a very complex car accident case to litigate. However, even if a driver was violating speed laws when they were hit by another car it is not impossible for the speeding car to collect damages in a lawsuit. This is because the outcome will be dependent upon the behavior of the other driver. Again, this would create a very complex case that should be handled by qualified attorney. This does not mean that it would be an easy case to win but the case can be litigated successfully.

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Car Accidents &
Young Drivers

There are a number of benefits that come with the youth but youth also comes with a number of inherent flaws. That is, teenagers often have a very self centered nature as well as a strong sense of entitlement. Sometimes, this attitude manifests itself in the form of reckless behavior. This reckless behavior is often most evident in the way teenagers drive. Sadly, many young drivers feel that it is perfectly acceptable to make unsafe lane changes, drive and excessive speed, and operate the vehicle an unsafe manner. This is the reason why insurance premiums for young drivers are so high. Sadly, despite the best efforts of traffic police, it is impossible to monitor the behavior of all cars with reckless teenage drivers. This does not, however, of absolving any of these drivers from liabilities associated with causing an accident.

If you are injured in a car accident caused by a teenage driver's reckless behavior you will have strong grounds for a lawsuit. This brings about a unique question. What happens if you sue the driver beyond his insurance policy? Would you be able to claim any money from a driver who had no assets? After all, if the driver is 17 years old what type of assets could you expect to claim if the driver has none?

While the law will vary from state to state, it is not uncommon for the lawsuit to be filed against the parents of the driver even if they were not present the accident scene. This is because it is the responsibility of parents to monitor the behavior of their children.

Once again, the specifics of this will vary from state to state based on individual laws. A qualified car accident attorney will understand all these nuances associated with liability laws as they revolve around teenage drivers. Such an attorney will know the best course of action to take an will implement the action. That is why it is always critical to select the most experienced and most successful attorney who services you can procure.

Car Accidents

Drivers Have an Obligation to Keep Safe Vehicles on the Road

Drivers should not allow poorly operational vehicles on the road.

Car accidents are such a frequent occurrence that we've often do not pay them much attention. The reason for this is because most car accidents yield little more than minor dents and scratches. However, there are those car accidents that are extremely serious and can cause major injuries and even fatalities. Because of this it is always important to be aware of the factors that might cause a car accident.

One major problem regarding car accidents is the fact that there are a number of cars on the road that are in absolutely poor condition. Some states do not require annual car inspections and this can lead to a number of very dangerous vehicles driving on the road. However, just because a state does not require inspections does not give the operator of the vehicle complete freedom to do what every year she wants. The driver is responsible for properly maintaining the vehicle for the protection of those on the roads.

If you are driving and a car accident results due to the negligent maintenance of someone else's car you may have a good case for a lawsuit. For example, if someone is driving around at night with both front headlights off because they have not replaced the bulbs and a car crash results, it would be fairly obvious that the driver of the car with a broken headlights clearly is negligent. Therefore, the driver may be responsible for any expenses or punitive damages that occur as result of the accident.

In needs to be pointed out, however, that no matter how negligent the other driver may be it is never it easy to win or settle a lawsuit. Because of this, it is important to hire a lawyer who has significant experience in the field of car accident litigation. This will increase your odds of winning as well as increasing the potential monetary figure of the settlement or award.