As a West Palm Beach personal injury lawyer, the most common type of case that our office encounters is car accident. With that being said it is important to understand that there are three different areas in which an injured party would need the help of an experienced injury attorney.

Negligence

A vast majority of auto accident lawsuits are a result of negligence. This is when another person did not use a reasonable standard of care while driving their car or they misused common roads. When an accident occurs an initial investigation will take place by your law firm and your insurance company. During this investigation it will come to light that the other party’s actions either violated traffic laws and/or they failed to exercise a reasonable standard of care. In order to win a negligence lawsuit, you will need to prove that the other driver did not exercise a reasonable standard of care and as such this negligence caused the car wreck and subsequently your injuries. One of the easiest negligence cases to prove is that against a driver who was arrested for drunk driving. In a case like this, the State Attorney basically does all of the work in proving that the other was negligent in their actions.

Manufacturer Liability

In a situation where a defective car causes or contributes to an accident, you may have a lawsuit against the manufacturer of the car or the manufacturer of the part of the vehicle that caused the accident. There are certain times that a manufacturer will be liable even when there is no negligence found. In these cases they could be held responsible for injuries that were sustained due to a faulty design, poor manufacturing, or even labeling. In order to prevail in this type of case you must prove that defective product happened during the manufacturing process and this was the cause of the accident which resulted in your injuries. These types of cases can become very complex and require the use of expert testimony and analysis. There have been successful manufacturer liability lawsuits against tire companies, airbag manufacturing companies, and auto companies. The two most memorable are probably the lawsuit against Ford for their Explorer and Toyota when the accelerator would become stuck.

Road Design

There are certain situations where road design, construction, or maintenance can cause or contribute to an accident. The most common types are; Embankments, Barriers and Guard Rails, Surfaces, Signage, and Traffic Control. When proper construction, placement, and usage of these safety features are not properly implemented accidents can occur. It is imperative that your personal injury attorney reviews all of the surrounding factors that contributed to any car accident where injuries occurred to ensure that the proper parties are held accountable for their actions.