Do you need a liability lawyer? Because when it comes to travel, unexpected events can occur, and accidents or mishaps are not entirely uncommon.
Whether you’re involved in a travel-related incident or seeking compensation for travel-related damages, finding the right liability lawyer is crucial.
A liability lawyer specializes in handling cases related to personal injury, property damage, and other legal matters concerning travel.
Learn more about travel liability and how a liability lawyer can help represent you, below.
CONTENTS – In this article, you will gain insight about travel liability and how a liability lawyer can help your case, including:
- How to Determine Liability if You Were Injured While On Vacation
- How Liability is Determined
- Full Liability
- Comparative Negligence
- The Role of Intent in Accidents
- Proving Liability in Your Case
- Final Thoughts on Hiring a Liability Lawyer
- Next Steps
How to Determine Liability if You Were Injured While On Vacation
Everyone looks forward to going on vacation. The last thing you might be thinking about when it comes to travel is getting hurt.
But accidents do happen.
If you are injured in an accident while on vacation, it is important to seek medical attention, no matter where you are. And if you feel you were wrongly harmed, you may want to consider getting legal advice.
Determining liability is hard enough under normal circumstances, but being on vacation can make it even more complicated. To help determine liability for the accident, it’s important to collect as much evidence as possible.
In the US, each state has their own rules in terms of who is responsible for liability. So, it helps to know how these rules work when you get ready to file a case.
To help you prepare your case in the event you are injured in an accident while on vacation, you’ll need to understand the common ways that liability is determined and what you should do to determine liability in your case.
Note that each individual case is unique and this article addresses liability law as it pertains to the United States only. Liability for accidents overseas can be more complex and requires an attorney experienced in international law.
How Liability is Determined
There are two primary ways that US states determine liability in accident cases. Each method has its own rules and nuances.
Full Liability means that the person who causes the accident is held entirely responsible. Some states use this rule in accidents rather than trying to determine partial fault.
A common example of this rule in effect would be a rear end vehicle collision. In many states the vehicle that strikes another vehicle from the rear is fully at fault for the collision regardless of the circumstances of the accident.
In terms of damages, the victim is entitled to 100% of the compensation they are awarded as the at-fault party is held fully responsible.
So, long as you can prove the other party was at fault, you will generally receive compensation based on the damages you received.
Comparative negligence is a rule that many states now use to determine fault in an accident. It ultimately influences how much compensation is paid to the party who filed the lawsuit.
The way this law works is that the court determines how much each party is at fault for the accident. Then it assigns each party a percentage, rather than assigning fault or liability totally to one party or the other.
The general rule states that you (as the victim) would be awarded compensation minus the percentage that you were at fault for the accident.
“For example, an insurance company is likely to present evidence that you braked too hard or were speeding,” note Seattle accident lawyers at The Fang Law Firm. “If they successfully convince a jury of these facts, the jury will assign a percentage to your contributory fault and reduce your damage award by that percentage.”
The court would deduct whatever percentage you were responsible from those damages and that would be your final reward amount.
Though liability is important, one other element that can affect compensation in accidents beyond even comparative negligence, is intent.
Courts typically award two types of damages in accident cases, financial damages and emotional damages.
However, if it is found that the majority at fault party was exceedingly negligent or purposeful in intent to cause harm to you, the court may decide to award what are known as punitive damages.
Punitive damages are decided purely by the court and are designed to deter future behavior on the part of the at-fault party.
In other words, if the court believes that the person or entity at fault caused the damages on purpose or was so negligent in their actions that they presumably could have prevented the accident from occurring, they will award you additional damages on top of what you (as the victim) are entitled to from their claim.
Proving Liability in Your Case
After you’ve taken care of your injuries from your accident, you will want to begin building your case. That includes proving who was liable for your accident.
Considering you are on vacation, you will want to obtain legal representation as soon as possible.
It’s especially important to make sure that the personal injury attorney you choose knows the laws of the area where the accident happened.
You will also want to start building your case by providing evidence of how the accident happened and who was at fault.
- Taking photos or videos of the scene
- Talking to witnesses and collecting statements
- Contacting your insurance company
- Getting help from your lawyer to get any other information available such as security footage.
Your lawyer has access to more data than you may have and can subpoena for video footage and statements from other parties.
Even in a state that uses the comparative negligence rule, the more evidence you have proving the other party was at fault, the better.
This is even more important if there is evidence that the party was willfully negligent or tried to cause you harm.
An example of being willfully negligent would be if a business owner fails to upkeep their business or fix a known issue that could cause someone harm.
In this case, they would be willfully negligent because they knew about the potential hazard and had the time and ability to act to fix it and did not.
Final Thoughts on Liability Lawyer
Liability in an accident case is a complicated subject no matter where you are. When you are on vacation, it is just as important to take the necessary steps to determine who is at fault and who is liable for your damages.
This is why having legal representation is so important. They know the law and they can handle all the aspects of your case that you would struggle with on your own.
Even when you return home, your lawyer can continue to work on your case while you focus on your recovery. Then, you will only need to return for key moments during your case.
This will greatly simplify the process and help to make sure that you get the compensation you deserve.
For more about travel tips, read these next:
- The 5 Most Common Travel Accidents (And How To Avoid Them)
- How To Master Road Safety? 12 Road Trip Safety And Must Do Vehicle Maintenance Tips
- 5 Important Safety Tips for Car Rides this Summer
- How To Get Airline Compensation For Delayed Baggage, Lost Luggage
- Is Ridesharing Safe? 10 Practical Safety Tips You Need to Know for a Secure Ride
- Safe Driving with Medical Conditions? How to Know When You’re Legal
- The Ultimate Documents Bag: Pack These 5 Things to Unlock Stress-Free Travel
- Vacation with Elderly Parents: 5 Senior Travel Tips for a Safe and Meaningful Trip
- 5 Most Important Tips for Traveling with Chronic Health Issues
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