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Top 7 Car Accident Liability Questions


As Madison accident attorneys, we represent victims of car accidents and one of the most important parts of our job is proving negligence. In order for you to receive any compensation for your injuries, someone else must be to blame for the accident. This concept of negligence is pivotal to your case and it is usually not as clear-cut as it seems.  Even if you are confident that the other driver was at-fault, they may fight you in court.  In more ambiguous cases, there are other important questions to ask when determining fault, including –

#1 Were you or the other driver using a company vehicle at the time of the accident?

If so, the business that owns the vehicles might have responsibility for the crash if the driver was acting in the scope of or in furtherance of his employer.

#2 Who is responsible in a drivers’ education crash?

The same rules of discovery and negligence apply so even if you are not yet licensed, you could be at fault for a crash.

#3 Who is to blame when three cars are involved?

In this situation, we must investigate the cause of the collision and determine if more than one driver was at fault.

#4 Who is liable in an Uber crash?

This question is one reason why you may want to hire a professional taxi cab to take you places.  Uber drivers are not employees but independent contractors, and in most areas of the country they are not regulated.

#5 Can I be held responsible while on my bike?

Yes, you can.  It may seem crazy but cyclists have been found negligent for causing accidents, so it depends on whether you were following or breaking the rules of the road at the time of the crash.

#6 Should I file a lawsuit?

This is perhaps the most important question you should ask.  You only have a limited amount of time to file suit before the statute of limitations expires so this is something that you want to resolve right away

#7 Do I need a lawyer if I’m injured in a car accident?


To discuss your case and your legal options, call the Eisenberg Law Offices and schedule a consultation.