Car Accidents: Who Is To Blame

In the case of a car accident, someone or some company is always to blame. The trouble comes when parties involved want to determine exactly who that responsible party is if both parties are at fault, or which is responsible for what damage. Most people found responsible for a car accident are at fault due to negligence or recklessness. Negligence is the act of doing something, without thinking, that may cause harm. Recklessness, on the other hand, is knowing that something very well could cause harm, but doing it anyway. car accident attorneys - personal injury

When it comes to a car accident, everyone involved wants their stake at liability. The obligation a responsible party has is to make amends, usually through money, for any damages he/she may have caused. However, in order to gain this money, the courts must determine 1) who is at fault and 2) what they are at fault for. This decision is often left up to state courts to decide and there are various ways they could choose to place blame. More on this website

Types of Fault

While few states have no-fault rules meaning that all insurers pay their own client’s damages, no matter who is responsible for the accident, most courts take the role of each party into account. As a result, there are three ways state courts could decide who pays damages; or sometimes, how both parties should share them:
1. Pure Contributory Negligence: In some states, even if you played a very minor part in the accident, causing anything whatsoever exempts you from collecting damages. As a result, the courts could claim that both parties are at fault due to pure contributory negligence. What states follow this? Maryland, Virginia, North Carolina, Alabama, and the District of Columbia
2. Pure Comparative Fault: In some states, you always have a right to receive compensation for your damages; but some of these damages may be reduced by the amount you are considered to have caused. As a result, the courts could claim that responsible parties are at fault due to pure comparative fault. What states follow this? New York, Rhode Island, Kentucky, Mississippi, Louisiana, Florida, California, Missouri, New Mexico, Arizona, South Dakota, Washington, and Alaska
3. Proportional Comparative Fault: In some states, it gets complicated. While the person most responsible may not be entitled to collect any damages, those less at fault could receive damages based on their shared responsibility in the collision. There are two versions:50% Proportional Comparative Fault: Due to the fact that eligibility for damages ends at 50% fault, parties that are equally to blame would not be entitled to collecting damages. As a result, the courts could claim that responsible parties are at fault due to 50% Proportional Comparative Fault. What states follow this? Maine, West Virginia, Georgia, Tennessee, Arkansas, Kansas, Oklahoma, Nebraska, Colorado, North Dakota, Idaho, and Utah. 51% Proportional Comparative Fault: Due to the fact that eligibility for damages ends at 51% fault, both parties could share the blame equally meaning both are responsible for damages. As a result, the courts could claim that responsible parties are at fault due to 51% Proportional Comparative Fault. What states follow this? New Hampshire, Vermont, Massachusetts, Connecticut, New Jersey, Delaware, Pennsylvania, South Carolina, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, Montana, Wyoming, Nevada, Oregon, Texas, and Hawaii.

By |2021-12-29T20:15:18+00:00December 29th, 2021|Uncategorized|0 Comments

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