Many people are unaware of the complexity car accident law. If an accident results in a civil suit being taken against any of the drivers involved, the law is even more complex. People should always engage the services of a skilled personal injury attorney if they have a car accident. The principal task an attorney has is to establish exactly who is to blame for the accident.
Vehicular accidents are highly complex but any litigation that takes place will revolve around a very simple concept - determining who is at fault. Proving or disproving fault will be the goal of any attorney representing a client in such cases.
Establishing blame following an accident is not as straightforward as you might think. This is because the law will hold the person who caused the accident responsible for all damages that result from it. There are many situations where it is easy to attribute blame for an accident. An example of this would be where somebody driving under the influence smashes into somebody while breaking a red light at speed. If that happened, the drunk driver would certainly be responsible.
What happens when one driver goes through a red light and the person who has a green light is speeding and intoxicated? Now, the issue of fault becomes a little blurry because you would have a situation where there is shared fault. Is the fault even between the two parties in such situations? No, there can be car accidents where one party is 65% at fault and the other is 35% at fault. As you can see, complexities regarding shared negligence can make a car accident attorney's job quite difficult and involved.
The types of fault that can be attributed have been divided into three categories of comparative fault. Throughout the US, most states have adopted one of these categorizations. They are known as:
Pure comparative fault. 51% comparative fault. 50% proportional comparative fault.
It is vital that lawyers representing people involved in car accidents are fully aware of which type of comparative fault is used in the state where a claim is being pursued.
Pure comparative fault refers to an injured party's damages being reduced by the percentage it is deemed he or she was at fault for the accident. So, someone who is 35% at fault would be capped at at 65% of the damages in states which have adopted such a statute.
The most harsh category is the 51% comparative fault category. If the state uses this, then any injured party whose responsibility for an accident is more than 51% will not be entitled to claim any damages.
States which have adopted the 50% proportional comparative fault rules have made it legal for those who are under 50% fault for an accident to seek and potentially receive damages in the aftermath of an accident.
It can be seen that a person's ability to claim for injury or damages is very much dependent on properly apportioning the blame for an accident. That is why it is of the utmost importance to hire an excellent accident attorney to represent you if you are involved in a car accident.
Vehicular accidents are highly complex but any litigation that takes place will revolve around a very simple concept - determining who is at fault. Proving or disproving fault will be the goal of any attorney representing a client in such cases.
Establishing blame following an accident is not as straightforward as you might think. This is because the law will hold the person who caused the accident responsible for all damages that result from it. There are many situations where it is easy to attribute blame for an accident. An example of this would be where somebody driving under the influence smashes into somebody while breaking a red light at speed. If that happened, the drunk driver would certainly be responsible.
What happens when one driver goes through a red light and the person who has a green light is speeding and intoxicated? Now, the issue of fault becomes a little blurry because you would have a situation where there is shared fault. Is the fault even between the two parties in such situations? No, there can be car accidents where one party is 65% at fault and the other is 35% at fault. As you can see, complexities regarding shared negligence can make a car accident attorney's job quite difficult and involved.
The types of fault that can be attributed have been divided into three categories of comparative fault. Throughout the US, most states have adopted one of these categorizations. They are known as:
Pure comparative fault. 51% comparative fault. 50% proportional comparative fault.
It is vital that lawyers representing people involved in car accidents are fully aware of which type of comparative fault is used in the state where a claim is being pursued.
Pure comparative fault refers to an injured party's damages being reduced by the percentage it is deemed he or she was at fault for the accident. So, someone who is 35% at fault would be capped at at 65% of the damages in states which have adopted such a statute.
The most harsh category is the 51% comparative fault category. If the state uses this, then any injured party whose responsibility for an accident is more than 51% will not be entitled to claim any damages.
States which have adopted the 50% proportional comparative fault rules have made it legal for those who are under 50% fault for an accident to seek and potentially receive damages in the aftermath of an accident.
It can be seen that a person's ability to claim for injury or damages is very much dependent on properly apportioning the blame for an accident. That is why it is of the utmost importance to hire an excellent accident attorney to represent you if you are involved in a car accident.
About the Author:
Some information came from Hall-Tanner-Hargett (Hall-Tanner-Hargett). Hall-Tanner-Hargett handles injury cases such as car and truck wrecks and business litigation.
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