Car Accidents Who is at Fault?

Fault is one of the biggest, if not THE most critical element, in any crash claim. The individual at fault is the person whose carelessness induced the car accident, and that is the person who generally must pay for the damage brought about by his or her neglect. More info on this website
If the conditions around your incident make it clear that one individual was plainly at fault, then read no further! One of the articles listed below should be your next stop. More info on this website
If, however, liability is not entirely clear or if there is shared fault, then the fault is apportioned between the people decided by the specifics of the law in your state (see below) on relative or contributory neglect. When liability is shared in a car accident, it is the insurer’s turn to decide the comparative percentages of fault of the parties involved. More info on this website

What is Comparative or Contributory Negligence?

Historically, if two people were involved in a crash and the hurt person/persons was even the tiniest bit at fault, he or she would not be eligible to recover anything for his/her injuries or deficits. This method of identifying damages is known in legal circles as pure contributory negligence. For example, say Luke and Martin had been involved in a crash. Luke hit Martin’s car while turning left onto a 2-lane street at night. Luke didn’t see Martin’s vehicle because it was nighttime (and a dark one at that), and Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin couldn’t recover damages for his injuries because he was partly at fault for the accident. Sound pretty harsh? Actually, a few states still follow this law (Alabama, the District of Columbia, Maryland, North Carolina and Virginia). However, the majority of states now use some proportional type of comparative negligence that will allow a wounded party to recover some damages for his or her injuries, even if he or she was partly at fault. There are presently three variations: Pure comparative fault, proportional comparative fault at 51%, and proportional comparative fault at 50%.

Pure Comparative Fault

In states that have adopted pure comparative fault as a measure of damages, if a wounded human being is partially at fault for triggering his individual injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car wreck for which she was 80% at fault—damages for her injury amount to $10,000. Michelle will be permitted to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.

Proportional Comparative Fault at 51%The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. Put simply, you cannot file a liability claim and lawsuit in opposition to the other driver’s disregard if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving more than 25 miles per hour over the speed limit while Teri was making an attempt to cross the road. Even though Teri was somewhat at fault for not looking until the road was clear before crossing, the insurance company allotted fault to Dennis at 60% due to his increased speed. Even though Dennis sustained a broken arm from the accident, he is not entitled to recover for his injury because he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.

Proportional Comparative Fault at 50%

In states that have adopted the 50% bar standard in attending to car accident claims a wounded person who is less than 50% at fault for the incident is allowed compensation. If the injured party is 50% or more at fault, he or she is not permitted recovery from the injury. For example, Richard and Susan accidentally hit each other’s cars while backing out of their parking spaces at exactly the same time. Both were not looking meticulously enough when they backed up. So both were considered equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident. States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.

More Great Legal Blogs Here:

https://www.auto-accident-lawyer-texas.com/how-to-get-a-copy-of-your-accident-report/
https://www.mypersonalstatement.help/car-accidents-can-happen-to-you-too/
https://www.dcmedmalblog.com/accidents-injury-what-happens-after-an-accident/
https://www.grossmanmahan.com/personal-injury-car-accidents/
https://www.fort-lauderdale-injury-lawyer-blog.com/when-an-car-accident-attorney-needs-to-be-consulted/
https://www.cliftontrafficlawyer.com/personal-injury-law-auto-accidents/
https://www.adsa.ws/personal-injury-law-insurance-adjuster/
https://www.caraccident-attorneylawyer.com/did-your-child-get-hurt-in-a-car-crash/
https://www.svingenlaw.com/have-you-been-injured-due-to-someones-negligence/
https://www.johnrvivianlaw.com/frequently-asked-questions-car-accidents/
https://www.autoaccidentattorney-austin.com/the-professional-life-of-a-personal-injury-lawyers/
https://www.personalinjury-atlanta.com/personal-injury-law-auto-accidents/