Factors That Play a Role in Determining Fault

When you’re injured in an accident, the first thing you may want to do is make sure the other person was at fault. How is this determined? Is there anything you can do to speed up the process? The following are some factors that play a role in determining fault in a personal injury case.

The Negligent Party

In many accidents, though not all, there is someone who was obviously negligent. For example, if you were standing on a street corner waiting for the “walk” sign and a drunk driver ran up over the curb and hit you, he or she would be the obvious negligent party in the situation. The drunk driver’s attorney may find loopholes and other individuals who played a role, but the driver would more than likely hold some or all of the responsibility for negligently getting behind the wheel.

Other Avenues for Fault

In some cases, the negligent party isn’t the only person held liable for the accident. Some other avenues either lawyer may go down include:

  • Were you where you were supposed to be? If not, liability may be partially in your hands. For example, if you trespassed onto a construction site and fell into a hole, you might be partially responsible. The construction company may hold some liability for not posting the proper warning signs as well.
  • Was the negligent individual on the clock for someone else? If you were injured by someone performing his or her job, there’s a chance the employer might also be liable for your injuries. If he or she was using machinery or equipment that failed, and that’s what caused your injuries, there’s a chance the manufacturer could be liable.
  • Was the property poorly maintained? If you were injured on someone else’s property, they could try to claim you injured yourself. However, if the property was poorly maintained, and any other property owner would have made the necessary repairs to avoid your injury, fault could lie with the property owner.

What You Can Do

If you’re worried about fault and how it’s going to fall, speak with your lawyer and be sure to give him or her all the details of your accident. If you’re afraid to admit something about the situation, realize there are always other avenues and not being forthcoming could turn your case in the wrong direction. For more information, or to get started with your personal injury case, contact a personal injury lawyer in Fulton County, GA, like from Tillman & Associates, today.