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Posted by: Pacific Attorney Group on 04/03/2017

Understanding Car Accident Law

Understanding Car Accident Law To understand car accident law please read the following. It is necessary that the craft has an engine. It takes a terrestrial craft. It would not apply to an airplane. A traffic accident requires a vehicle, that is to say a machine that moves. The law does not apply to bicycles, lawnmowers without motors and planes.

The jurisprudence holds that if the damage is caused by a part of the vehicle then the law does not apply. It is possible to retain the notion of an accident even when the vehicle is stationary. It is necessary that this be a road accident, and it must be an unintentional action. 

As an example please consider this scenario: if a car is out of order, and the convenience store next to the car is hit by a truck. For this, there is indeed a causality. In the absence of a contract, the involvement must be proved. It takes a causality, a vehicle that is involved from the moment it played any role. The causality must be in contact with another vehicle, whether it is moving or not there is still involvement.

The following is about complex accidents. That is to say where there is a series of accidents from the moment the first accident occurred in a short period of time. This reflects the logic of the law: one does not seek the causal fact, but only the implication. It would therefore be illogical for the driver to disengage on the grounds that the damage was not due to his vehicle. Victims may also not be subjected to force majeure by an injury lawyer

However, it is necessary to distinguish between the effects of the victim's fault on the basis of his or her capacity as a driver or not. The only possible cause of exoneration for the driver is the fault of the victim. Any fault of the victim may be brought against him by an injury attorney, in order to diminish his right to compensation. 

However, in the case of bodily injury, only the inexcusable fault of the victim or the voluntary search for damage can be brought against the victim and exonerate the driver. An inexcusable fault is defined as a voluntary fault, of exceptional gravity, exposing its author without valid reason to a danger of which he should have been aware. As an example of this case law considers that a cyclist who approaches a crossroads after having run a red light commits an inexcusable fault.

The fault committed by the driver of the land motor vehicle has the effect of limiting or excluding compensation for the damage he has sustained. Here, the simple fault of the victim can be opposed. The debtor is the driver. However, the jurisprudence specifies that anyone entering or exiting a vehicle is not a driver, nor are those that push a car or change a tire. It should be noted that there are funds which will allow compensation to be paid for victims whose driver has not been identified or for drivers who are insolvent.