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The following article was published in our article directory on February 20, 2015.
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Article Category: Advice
Author Name: Injury Ninja
Definition
A car crash is an event wherein one is made responsible for the personal and property damage resulting from a road collision. Commonly known as a road accident, a car crash usually involves two or more parties and most of the time, it is very difficult to determine who is at fault and who is legally liable.
Presumption of Negligence
Unlike other cases of negligence, a car crash usually relies on the presumption of negligence. This principle means that whoever violates the statute or law is presumed negligent and he is liable for the damages and personal injury incurred. This principle is very important in a car crash because even if a person was not directly liable with the damage, if among all the parties present, he is the one who clearly violated traffic rules and regulations, he is presumed negligent, and is thus, liable for any damage incurred. Of course, this presumption is not conclusive and can be rebutted by sufficient evidence.
What Must Be Done in a Car Accident
Whenever a person is involved in a car crash that results or is reasonably likely to result to an injury or the death of another person, he must do certain things.
The Transportation Code, under Section 550.021, Subchapter B, Chapter 550, Subtitle C, Title 7, provide for the certain things that the person must do. The provision states that it is imperative for the person involved in a car crash to attend to the victim immediately. He must stop his vehicle, return to the site, check if the victim is merely injured or is already dead, and if only injured, administer first aid. He must not try to move the victim from the scene and bring him to a nearby hospital or clinic to avoid any complications. He must remain at the site until medical assistance arrives.
Duty to Give Information and Render Aid
One of the things that must be done is to give information about the incident and provide aid to the victim or victims.
The Transportation Code, Section 550.023, Subchapter B, Chapter 550, Subtitle C, Title 7, provide that running away from the incident is an offense. From the provision, it is clear that running away from the scene can make the offender presumably liable because, aside from it is a showing of guilt, it is a clear violation of the law. As such, he must give his personal information to the person injured or to the operator of the latter's vehicle.
If the offender is merely driving the vehicle, he must also give information about the owner of the vehicle. Identification cards, specifically the driver's license, must be shown to the injured party. Lastly, temporary medical assistance such as first aid must be given to the injured party so that his condition will not worsen. Failure to do these acts may subject the offender to fines, penalties, and even a criminal action.
Conclusion
Acts done during a car crash may speak the difference between being liable or not. As such, strict compliance with the duties of someone involved in the accident must be observed and done.
Disclaimer: This is not legal advice and we are not attorneys and should not be used as legal advice. We can or may help find legal advice for you. The contents of this curated website have been prepared by Injury Ninja for informational purposes only. As this is a compilation of outside news sources, we do not control the opinions or content being created for this site, we are not paid to include any of these sites. If you believe we should include other sources, please feel free to contact Injury Ninja. We welcome all suggestions. None of this information is intended as either legal or medical advice or opinions. While Injury Ninja maintains joint responsibility; all cases are referred to other attorneys, medical professionals or financial professionals for principal responsibility. No attorney/client relationship is established with use of this website. Sending or receiving information through this site, posting to our blogs/news site does not establish a client relationship. A client relationship is established only by an express and written agreement with an outside attorney, medical staff, or finance professional.
Keywords: bad drugs, personal injury, birth injuries, xarelto lawsuits, car crash, mesothelioma, asbestos, pharmaceuticals, medical malpractice
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