The Responsibilities of The Party At-Fault

The party at-fault has caused, or has helped to cause the accident. Consequently, he or she must cover the cost of the damages.

Negligent actions tend to contribute to the creation of an accident

Possible cases of a driver’s negligence

• Speeding
• Driving while under the influence of drugs or alcohol
• Following too closely
• Distraction causes driver to look away from road

Possible instances of negligence among those in charge of road conditions

• Failure to fix potholes
• Posting of confusing street signs
• Poorly designed roads
• Failure to remove debris from roadway

Possible instances of negligence among any vehicle owners that were not the drivers

• Vehicle not maintained properly
• Owner had ignored sign of problem, and had allowed someone to drive a vehicle with an obvious problem.

Ways that insurance companies are, or could be acting to limit demonstrations of negligence

Drivers with a DUI on record could be required to have in vehicle a device that could take breath test, so that vehicle would not function if alcohol were detected.

One device now being tested keeps vehicles from exceeding the speed limit. The government could offer an incentive to carmakers, so that such a device would be placed in all automobiles.

There should be a way for consumers to report instances where a vehicle owner has tried to rent out, or charge for utilization of a vehicle with a recognized problem. For instance, a car dealership should not be allowed to loan out a vehicle with a recognized malfunction, as per personal injury lawyer in Guelph.

Possible defenses, in cases where a party has been charged with negligence

If government workers have delayed changes to a road sign, the defense might be that the correct information had been placed on the Google map. Today, an increasing number of drivers rely on the information that is found in such maps.

If a pothole had caused an accident, the government in charge of the affected roadway might claim that it had not been told about the pothole. Government agencies normally require notification of a danger or a threat.

If a dealership were charged with loaning out vehicles that had known problems, it might claim that none of the previous drivers had noticed the existence of a problem. Yet a personal injury lawyer might be able to fight that defense, if there were a system in place for reporting consumer complaints.

Maybe some customer was told about a problem sound, when returning a loaned vehicle. The responsible dealership should have to answer for that demonstration of negligence. It could have caused an accident, if the loaned vehicle had stopped working, while the unsuspecting driver was at the wheel. All efforts at defending negligence represent a desire to evade responsibility.

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