Some car accidents, such as rear-end crashes, leave little doubt as to who is at fault for the crash. However, most accidents involve a combination of factors, and it will take a thorough investigation to determine who may be held liable for medical costs, property damage, and other losses.
Common Factors in Car Accident Injury Claims
It only takes a few seconds for a crash to occur, and the initial cause can vary from dazzling sunlight to sharing the road with an intoxicated driver. While there are many factors that can contribute to an accident, there are some conditions that occur time and time again.
According to a recent report by the UK government, the most common inciting incidents that lead to road traffic accidents in Scotland include:
- Driver error. Over 70% of all car accidents involve some form of driver error. Typical actions include a failure to look properly, failure to signal, failure to judge another person’s path or speed, or failure to perform a manoeuvre safely or according to the law (such as coming to a complete stop at a traffic signal).
- Injudicious action. This term is used when a collision is caused by the reckless actions of another driver, such as aggressive driving, following too closely, traveling too fast for conditions, and other forms of dangerous driving.
- Alcohol and drug use. Drinking alcohol, using illegal drugs, or taking prescribed medications can all impair a driver’s concentration and reaction time, increasing the risk of an accident.
- Distractions. Although it is illegal to drive while using a handheld device in Scotland, many drivers flout this law to text, call, or read emails while driving. Even if a driver has secured his or her mobile phone, he or she could still be distracted by food and drink, passengers in the back seat, or other factors that pull attention away from the road.
- Inexperience. Drivers who are newly licensed or who are unfamiliar with an area are more likely to attempt an unsafe turn or manoeuvre, brake suddenly, or lose of control of the vehicle.
- Pedestrians. Scotland has one of the highest incidences of pedestrian accidents in all of the UK. In some cases, the pedestrian’s actions contribute to the accident, such as a person on foot failing to judge a vehicle’s path or speed, failing to look properly, crossing recklessly, or unexpectedly entering the roadway.
- Poor road conditions. Potholes, icy lanes, or poor roadway design can all make the odds of a crash more likely. If your car accident was caused by poor road conditions, you may make a claim against the body responsible for roadway safety.
- Defective vehicles. Drivers may suffer severe injuries due to faulty brakes, acceleration systems, airbags, or other defective auto parts. If a vehicle malfunction caused the crash, victims may be able to make a claim against the automaker, the auto parts manufacturer, or a repairs garage.
How to Determine the Party at Fault for Your Car Accident
Victims often attempt to collect compensation for a car accident from the at-fault driver, but there are many additional parties that could be liable for the costs of the crash. As experienced injury attorneys, we perform a thorough investigation into the cause of every accident, gathering the necessary evidence to prove that a negligent party was directly responsible for your injuries.
Next, we will examine whether your own actions could be interpreted by an insurer or the at-fault party contributory negligence. In Scotland, the party responsible for the crash may reduce the amount of damages paid to a victim if the victim contributed to his or her own injuries. Even if you are in no way at fault for the accident, the at-fault driver’s insurer may attempt to place some of the blame on you in order to pay less on your claim. We can anticipate these arguments and ensure you get the full amount you are owed for your medical costs, property damage, and out-of-pocket expenses.
There is only a short period of time to bring an injury claim in Scotland, so injured drivers and passengers should seek legal advice as soon as possible. Call us today or fill out our enquiry form to set up your no-obligation chat with a member of our legal team.