Identifying All Factors In An Accident Claim

Certain factors may apply in automobile accident cases. These factors may apply according to state and federal laws. When the accident is investigated, the law enforcement officers must make distinctions about these laws. The attorneys at the Harrington Law Group, can help the victims of an accident determine what laws apply to their case and will file a claim to enforce them.

Federal Motor Carrier Regulations

All commercial truck drivers must adhere to Federal Motor Carrier Safety Regulations. These regulations prohibit them from driving beyond the identified workday. These regulations require the drivers to take at least an eight-hour rest period to prevent probable truck-related accidents.

In addition to these regulations, the drivers cannot take any substances that could alter their perception while driving. This includes stimulants used to stay awake longer while driving great distances. Any driver who is found under the influence may face greater penalties if an accident occurs.

When a DUI Caused the Accident

A DUI is identified when the driver has a blood-alcohol content reading of at least 0.08 percent. They are guilty of DUI equally if chemical testing determines that they were under the influence of controlled substances. This factor could contribute to the cause of the accident and present an accident victim with a higher monetary award based on the driver's choice to drive while intoxicated.

A Previous History of Auto Accidents

Drivers with a previous history of auto accidents could also face greater penalties. The total number of accidents and their causes who increase the liability of the driver. These drivers are required by law to acquire insurance policies such as SR-22 to provide additional coverage if an accident happens. If they fail to comply with these requirements, they are liable for all expenses incurred by the victim.

How the Circumstances Could Affect the Claim

If the victim contributes to the cause of the accident, they are found at a comparative fault. This doesn't include uncontrollable road conditions such as ice or snow. Comparative fault applies only if the victim is guilty of a traffic violation. This includes reckless driving, speeding, and DUI among others possibilities. If the victim shared fault, the award is reduced according to the percentage applied.

Multiple factors could apply in an automobile accident claim. The victim must discuss these factors with their attorney to determine the outcome of their case. These factors could have a negative effect on the claim, if the victim shared any fault in the accident themselves. Victims who need to file an injury claim should contact a Personal Injury Attorney today for more information.