What should you do if you have an accident injury? Well at first you should look for the probable cause. Now if you find that you are responsible for the accident then there’s nothing much to do. You have to learn for the mistake to avoid further consequences in the future. But if you find someone else is responsible, than sue him!
You have to get a personal injury attorney for the complete process. But without probable cause you can’t charge anyone. To find about that you must know the liability of injuries to stick the charge to someone.
Accident Liability: What to Charge With
Negligence is the most common reasons for accident. Whenever anyone is negligence about his or her duty, an accident is bound to happen. That is why you don’t leave a banana peel on the sidewalk, or go through a red light. And any of your activities cause an injury, you can be charged or not by the following causes:
- Negligence of Duty: If you are bound to do something which you failed to do then it will be considered as negligence of Duty. Suppose Andy is supposed to clean a floor properly. But he left it wet and left early. Now if someone slips and falls in that wet floor then Andy will be charged with negligence of duty.
- Cause In Fact: If the actions of the defendant can’t be related with the accident then this term will be applicable. Suppose Steve had a car accident. Test results showed that he was driving while being drunk. But the amount was low so it can’t be a cause. Therefore it will be stated in the court as, “But for the defendant’s drunk driving, the accident wouldn’t have been caused”. And that’s why this fact is also known as “but for test”.
- Proximate Cause: This fact is applicable for third party damages. Suppose you injured Stacey in a car accident. Now when her mother heard about it she had a stroke. So you can get charged with that too in a rare case.
So as you can see, you can attack or defend in injury cases with the liability of the defendant. Getting an accident attorney would be the best thing to do in such cases. And defending is like attacking back. Just makes me remind of George S. Patton’s line, “Nobody ever defended anything successfully, there is only attack and attack and attack some more.”