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Filing a negligence claim after a car accident

Many Honolulu residents, as well as tourists, suffer catastrophic injuries in motor vehicle accidents. A majority of these accidents occur due to the negligence of one or more parties involved. If someone or a loved one has been injured in a car accident, they may be entitled to compensation for personal injuries and accident-related expenses.

If deciding whether to file a lawsuit after a car accident, it is important to file the claim against the right people, company or both. Before one decides who to sue though, consider that many factors will determine who is legally responsible for the car accident. Generally, most two-car accidents are caused by the negligence of one, but possibly both drivers. If the party filing the lawsuit was less than 51 percent at fault of the accident, they can recover damages from the other party.

Many car accidents are caused by a violation of state traffic law. For example, a driver may have been driving at an excessive rate of speed or following too closely behind the other vehicle. If one can establish that the other driver violated a traffic law, it is likely that the violation will be enough to establish negligence. Drunk driving, texting while driving and other forms of reckless driving may also be enough to establish negligence.

In addition to proving negligence, in court, one needs to establish that the accident was caused by the other driver's negligence. If the accident and the injuries that resulted were directly and proximately caused by another driver, it is likely that they will be liable for damages.

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