How Is Fault Determined After A Car Accident?

Law Blog

When handling a car accident claim, you will always want to work with a car accident lawyer who practices law in the state in which your accident occurred. This is because car accidents are handled in different ways depending on the state. Even in an at-fault state, there are different factors that can determine whether a particular driver would be considered at fault. 

Pure Contributory Negligence

In some states, the only type of negligence is pure contributory negligence. This means that one party must be completely at fault for the accident and the other party must be entirely without blame. Therefore, you must effectively defend yourself to be able to avoid having your claim denied.

Comparative Negligence

Most states operate under comparative negligence rules. With pure comparative negligence, you will only be entitled to compensation if the other party is more at fault for the car accident than you are. However, if you are found to be partially at fault, you will only receive compensation for some of the damages you have suffered.

For example, if you are considered to be 20% at fault for the accident, you would only be compensated for 4/5th of the damages you have suffered. Because a car accident settlement can be substantial, it may still be worthwhile to seek damages even if you are partially at fault.

Modified comparative negligence has some things in common with pure contributory negligence. For example, if you are more at fault than not, you will not be able to collect damages. 

How to Prove Negligence

If you have determined that you may be entitled to compensation for your injuries, the next step is to gather the evidence necessary to prove that the other party is at fault. To show that the other party caused the accident, you must demonstrate that they had a duty of care, that they breached the duty of care, and that you suffered damages as a result.

Your car accident attorney will assist you in gathering the evidence necessary to prove that the other party caused your accident. This can include witness statements, debris found at the scene of the accident, and your own damaged vehicle.

After you are able to prove that the other party is at fault for your accident, you will then be able to seek compensation for your medical bills, lost wages, and pain and suffering. An attorney will also help you gather evidence to prove damages.

Contact a local car accident attorney to learn more. 


14 December 2022

File Chapter 7, and Keep Your Home

Many people assume that when they file Chapter 7 bankruptcy, they will have to give up their homes and other property. This is not necessarily the case. I am a bankruptcy attorney, and I have helped many clients file for Chapter 7 bankruptcy without giving up homes, cars, and other property. When you file for bankruptcy, the property you are allowed to keep depends on your individual circumstances and the state where you live. Most states allow exemption for property you are currently paying for. This blog will guide you through that information and help you determine if filing Chapter 7 bankruptcy is the right choice for you.