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Types of Car Accident Claims

Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee traffic accident attorneyLawsuits arising out of car accident claims are about assigning fault to the person who caused them, so that they can compensate the victims of the accident that they caused. When most people think of who caused an accident, they assume it must have been one of the drivers, but that is only one of the possibilities. With over 100,000 crashes in Wisconsin every year, there are also other potential causes. For instance, some accidents are the result of poor design or manufacturing on behalf of car makers. Other accidents can be caused by poor design of the roads themselves. Each of these causes requires its own legal theory during the lawsuit.

Negligence

The legal theory of negligence is the most common of the three legal theories. It applies in cases where the accident was caused by the carelessness of one of the drivers. Prevailing in a lawsuit based on negligence requires the plaintiff to prove four things. First, the plaintiff must show that the other driver had a duty to use due care to avoid harming other drivers, which is almost always true. Second, the plaintiff must show that the defendant breached that duty in some way. These breaches are examples of careless driving, such as speeding or driving while distracted. Third, the plaintiff must show that the accident was caused by the defendant's carelessness. Fourth, the plaintiff must demonstrate that the injuries that they are suing for resulted from the accident. If the injured driver can show those four things, then they can likely prevail on a negligence claim.

Products Liability

Products liability claims apply when the accident was caused by an imperfection in one of the cars rather than by one of the drivers. Products liability claims can arise in one of three ways. First, they can result from poor design of the car. If the car is made in such a way that it is especially prone to explosions after a crash, then that might be grounds for a products liability claim. Second, a products liability claim may be available if there was a manufacturing error, such as a faulty ignition switch that made the car prone to shutting off unexpectedly. Finally, if the car's manufacturer does not provide proper instructions or labeling for the operation of the vehicle and that causes a crash, products liability may also come into play.

Municipal Liability

The final legal theory for traffic accidents is the rarest: municipal liability. Municipal liability is a legal theory that holds the state accountable for traffic accidents because the state has a duty to design and maintain roads so that they are safe to use. If the crash is caused by an overly sharp turn or a badly-maintained road, then the state may be liable for the damage.

After a car accident, there are a variety of different people who may need to be held accountable. If you were recently involved in an accident and want to learn more about these possibilities, contact an experienced Milwaukee traffic accident attorney today.
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