At-Fault, Negligent and Aggressive Drivers

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney at Desmond Law Office can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.

Sources of information on the accident include police reports, witnesses and the condition of the vehicles involved in the accident. They could reveal what happened and why.

Actions, on the part of either driver, that may have contributed to the accident include:
  • Failure to stop at a red light or stop sign
  • Driving under the influence of alcohol or drugs
  • Failure to compensate for dangerous weather conditions
  • Driving above or below the posted speed limits
  • Driver distraction caused by a cell phone, passenger, radio or another source
  • Failure to obey traffic laws regarding turn signals, right-of-way and other rules
Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety. Speeding and taking other risks contributes significantly to highway and other fatalities.

It is important to avoid confrontation with road-rage drivers and aggressive drivers. You have a better chance of staying safe if you:
  • Get out of the way
  • Avoid eye contact
  • Refuse to make or return obscene gestures
  • Let go of your pride for a while; don’t challenge the other driver
  • Report the aggressive driving to the authorities, stopping in a safe spot to use your cell phone if necessary

Drunk Driving

In the US, someone dies every 30 minutes in an alcohol-related crash; someone is non-fatally injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of an attorney who will explain your legal options.
The Kentucky State Bar requires me to say that COURT COSTS AND CASE EXPENSES WILL BE THE RESPONSIBILITY OF THE CLIENT.

The Desmond Law Office is a Louisville, Kentucky personal injury firm that specializes in motorcycle, trucking, and auto accidents. We offer effective and aggressive legal representation to accident victims and their families. If you've been injured in a car, motorcycle or tractor trailer wreck, contact us now for a free case review.