Categories: Auto Accidents

Determining Liability in an Alaska Car Accident

After a car accident, it is important to determine who is at fault so that you can chase the compensation you deserve. Car accidents can be caused by many different factors, such as driver error, mechanical failure, or poor road conditions. In other cases, multiple parties could be at fault. If you are involved in a car accident, below are things to keep in mind when determining liability:

Common Causes of Car Accidents in Alaska

When determining liability in a car accident, you want first to determine the accident cause. After knowing the accident’s cause, you could identify the at-fault party and prove liability.

Driver Error

Driver error stands among the most common car accident causes in Alaska. This can include driving while under the influence of drugs or alcohol, excessive speeding, or failing to yield the right of way. If the other driver was at fault for your accident, you are entitled to compensation from their insurance company.

Mechanical Failure

Another common cause of Alaska car accidents is mechanical failure. This can include problems with the brakes, tires, or other vehicle parts. If a mechanical failure caused your accident, you could hire an accident attorney in Alaska to help you chase compensation from the manufacturer of the defective part.

Poor Road Conditions

In some cases, the road itself could cause an accident. Poorly maintained roads can cause accidents by creating problems like potholes, loose gravel, or icy conditions. If poor road conditions caused your car accident, you could hold the government agency responsible for maintaining the road liable.

Multiple Parties at Fault

More than one party could be at fault for a car accident. For instance, if another at-fault motorist was driving at excessive speed and you hit a pothole, both parties may be considered at fault. If multiple parties are at fault in California, the compensation could be split based on their degree of fault.

Receiving the Compensation You Deserve

After determining the at-fault in a car accident, next is determining liability before you can receive compensation. Contact a reliable personal injury lawyer to help you determine liability and fight for the compensation you deserve.

Show that the Other Motorist Had a Duty of Care

To recover compensation after a car accident, you must show that the other driver owed you a duty of care. This duty is established by law and requires all drivers to operate their vehicles safely. If the other driver breached this duty by driving recklessly or failing to follow traffic laws, they could be liable for your accident.

Prove that the Other Driver’s Negligence Caused Your Accident

After determining that the other driver owed you a duty of care, next is showing that their negligence caused your accident. The court needs you to prove that the other driver’s actions were the direct cause of your accident and injuries. This could include evidence from the police report, eyewitness testimony, or expert testimony.

Show that You Suffered Damages in the Accident

After proving fault for your accident, you must show that you suffered damages due to the accident. Damages include property damage, lost wages, medical bills, and pain and suffering. Your accident attorney should help you submit evidence like medical records, pay stubs, and receipts to prove your damages.

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