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[H368]Highway Patrol Traffic Accidents
by Julian Hall, Jul
Legal Proceedings After A Road Traffic Accident

Not all road traffic accidents lead to legal proceedings, however if there are no serious injuries, you may be entitled to recover damages for property and other expenses from the other drivers insurance company. The likelihood of legal proceedings will usually rest on the quantum, or the amount of financial damage which has ensued from the accident.

What Causes Road Traffic Accidents?

There are many possible causes for road traffic accidents which are discussed below:

Bad Driving- This is by far the greatest cause of most road traffic accidents. Simple errors in judgement and other mishaps all add up to common poor driving habits such as ignoring traffic signals, speeding, not giving way at the correct times, tailgating and mobile phone usage.

Lack Of Attention- Drivers are oftentimes distracted and can increase the chance of a road traffic accidents. Whether from outside of the car or inside the car its something which we must all become more aware of. Reading maps or newspapers(!), changing CD's or the radio station, fixing your appearance in the vanity mirror or trying to comfort an upset child are all distractions which can cause road traffic accidents.

Under The Influence- Accidents on the road are unfortunately due to the impaired ability of the driver to concentrate and put both himself and other road users at risk.

Weather Conditions - Bad weather, rain, icy roads, floods all contribute to poor driving conditions from which an accident can occur by impairing visibility. Slippery road surfaces require the driver to take extra care whist behind the wheel. Motorists need to take into consideration these weather conditions whist on the road to avoid causing an accident. Black ice and flash flooding are all unexpected obstacles a driver will have to be prepared for when setting out on a journey, so its important to check the weather report if you suspect harsh road conditions.

Poor Road Design - Government liability can be called upon when confusing, poorly placed signs, barriers, road works or traffic signals are a contributing factor to a road traffic accidents. These can lead to drivers no being familiar with a change in road design and coupled with possible poor driving conditions lead to vehicle collisions and personal injuries.

Roadworthy Vehicles- A road traffic accidents can be caused by a vehicle not being road worthy. Factors such as poor tyres, brakes failing, electrical failure and similar defects can all cause a driver to become involved in an accident. A manufacturing defect, design failure or similar vehicle factory problem can also be a contributing factor.

In a traffic accident, liability is almost never 100% predetermined. Whoever wins the case is usually the person who tells the most convincing story. Because of the chaotic and unplanned nature of car accidents, it's very difficult to say with absolute certainty what events transpired before the crash.

For example, a distracted driver can easily be said to have caused an accident - it's definitely a sign of negligence. But how can you prove distraction after-the-fact?

This is where witnesses play an important role. If you're lucky, a witness will have seen the other driver talking with someone in the backseat, using the radio or cell phone, or looking away from the road. If you find a good witness it's no longer just your word against the other driver's, now you have someone backing-up your story - this makes your job of proving liability easier. (Remember, witnesses don't have to be strangers, they can also be the passengers in your car.)

You'll have a tougher time proving liability if you can't find any witnesses. Accident photos and the police report can help by showing how the traffic accident looked, where the damage was done and where it all took place. If the other driver side-swiped you in the middle of an intersection, you can easily claim you entered the intersection first. If there were no skid marks on the road you could also suggest the driver wasn't paying attention, if they were they would've tried to brake.

Try to notice things that can help you prove liability. If an open map is on the front seat of the other driver's car, or if there were a lot of children inside, there's a good chance the driver was distracted. These kinds of details may be listed in the police report, so read it carefully.

In many situations, the traffic accident will be partially your fault. If the other driver ran a stop sign, but you were the one on the cell phone, the insurance adjuster will argue that you're partially negligent.

No matter how clear it is that you're not at fault, arguments of split liability will always come up. If you were partially negligent, downplay it as much as you can. If you really did nothing wrong, make sure you focus on details that prove it when presenting your version of the accident.

Article Source : Arizona Foundation For Legal Services And Education

About Author
Both Julian Hall & Arthur Gueli are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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