A motor tort is a violation in an automobile accident in which property is damaged or another party is injured. The driver at fault following an auto accident is called the tortfeasor.
A driver is at fault if he has been determined to have breached his duty to drive with reasonable care when he caused a car accident. However, both drivers may be at fault, in which case there will be multiple tortfeasors. If the victim in a motor tort case has also broken a law, determining who is at fault becomes complicated. For example, a motorcyclist who suffers severe head injuries for not wearing a helmet as required by law is as much at fault as the speeding driver who hit him.
If you are injured in a car accident, enlisting an auto injury lawyer, who argues cases on behalf of auto accident victims, is highly recommended. Such lawyers carry out an independent probe to determine who is responsible and, therefore, should be sued. Out-of-court settlements are possible if the lawyer negotiates with the insurance company of the driver who caused the accident. A victim may be compensated for medical costs, lost earnings due to missed work, pain and suffering.
If negotiations with an insurance company fail, it’s possible to fight the case in court with the help of an auto injury lawyer.