Slate’s Law Blog

Personal Injury Lawsuits: Who is at Fault?

personal injury lawsuits

None of us ever anticipates suffering a personal injury or a serious injury in an accident. Yet accidents can happen in many different places and scenarios, from driving on the roadways to working in an office job to seeking medical attention. A recent article in Live Science discusses some of the most common ways that people sustain injuries, and we want to consider some of those injuries in relation to liability. Personal Injury Lawsuits can quickly become complicated and understanding who is at fault is sometimes no obvious.

In other words, who is at fault for a personal injury? The answer to that question will vary depending upon the type of accident, where the accident happened, and the parties involved. Accordingly, it will be extremely important to have an experienced New Mexico personal injury attorney assess your case to determine who you might be able to sue for damages. In the meantime, however, we want to provide you with some general information about liability in different types of personal injury cases.

Common Injuries and Liability

According to the Live Science article, the most common types of injuries vary in part by age, although some types of injuries are common among all age groups. The following are some facts and figures from that article:

  • Sports-related injuries are among the most common types of injuries for people between the ages of 15 and 24;
  • Car accident injuries are common among all age groups, and are among the leading causes of death for children, teens, and young adults;
  • Falls and fall-related injuries cause serious injuries for both young children and older adults; and
  • Bicycle accidents are the leading cause of nonfatal injuries requiring emergency department care for kids between the ages of 5 and 14.

Who is responsible or liable when these accidents happen? Liability for personal injury lawsuits will depend on the particular facts of a situation. In many car accident cases, another negligent motorist may be liable for injuries if that motorist was engaged in distracted driving, aggressive driving, drowsy driving, intoxicated driving, or any other type of negligent driving when the crash occurred. Yet motor vehicle accident injuries can also result from defective auto parts, meaning that the designer or manufacturer of a vehicle or one of its components can be liable.

In fall-related injuries, property owners often are liable for injuries if the fall resulted from an obvious hazard that the property owner failed to remedy or failed to warn others about. And in some cases of sports-related injuries, coaches or athletic directors, or even athletics organizations or educational institutions, can be liable if they have not taken proper safety precautions or have not followed concussion protocols.

Seek Advice From a Santa Fe Personal Injury Lawyer

As you can see, liability will be based on the specific facts at work in your case. In addition to determining who may be liable for your injuries, it will also be important to determine whether comparative fault ultimately could reduce your damages if you are also partially liable for your own injuries. One of our experienced Santa Fe personal injury attorneys can discuss your case with you today. Contact Slate Stern Law for more information.