Although car accidents are common occurrences, the legal issues associated with them are very complex. The issues become even more complicated when a road accident is followed by a civil law suit. If you are ever involved in an accident, you would be well advised to consult with a lawyer. You should try to find a lawyer who is an expert in the field of personal injury law and specifically car accidents. Your lawyer's primary task will be to get to the core of the issue, which is establishing fault.
There may be many issues arising from an accident, but the main aim of an attorney in a civil case will be to work out who should be blamed. If the attorney's client is defending a suit, the attorney will try to minimize the amount of blame.
And the concept of fault in in car accidents is not very simple to define. Fault is another way of defining negligence. The reason fault is critical to prove is because the party who is negligent in the accident is the one who has to pay for the damages which result from the accident. In some instances, fault is not difficult to prove. A person who drives intoxicated and causes an accident after running a red light far above the speed limit would clearly be the negligent party in an accident.
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.
A qualified lawyer needs to approach a case with a clear understanding of these three categories.
If the state uses pure comparative fault, the amount of damages that will be paid to an injured party will be reduced by whatever percentage of the blame falls on that party. In other words, if a claimant was 40% responsible for an accident, then any injury or damages payout will be reduced by 40%.
In states that use 51% comparative fault, any individual who is more than 51% responsible for an accident will not be able to claim for any personal injury or damages that he or she has incurred arising from the accident.
In states that use 50% comparative fault, any person who is less than 50% responsible for causing the accident is entitled to claim for personal injury or damages.
The ability to claim damages from car accidents requires clearly establishing who is at fault and to what degree. Only an experienced and knowledgeable lawyer would be capable of proving where fault actually lies.
There may be many issues arising from an accident, but the main aim of an attorney in a civil case will be to work out who should be blamed. If the attorney's client is defending a suit, the attorney will try to minimize the amount of blame.
And the concept of fault in in car accidents is not very simple to define. Fault is another way of defining negligence. The reason fault is critical to prove is because the party who is negligent in the accident is the one who has to pay for the damages which result from the accident. In some instances, fault is not difficult to prove. A person who drives intoxicated and causes an accident after running a red light far above the speed limit would clearly be the negligent party in an accident.
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.
A qualified lawyer needs to approach a case with a clear understanding of these three categories.
If the state uses pure comparative fault, the amount of damages that will be paid to an injured party will be reduced by whatever percentage of the blame falls on that party. In other words, if a claimant was 40% responsible for an accident, then any injury or damages payout will be reduced by 40%.
In states that use 51% comparative fault, any individual who is more than 51% responsible for an accident will not be able to claim for any personal injury or damages that he or she has incurred arising from the accident.
In states that use 50% comparative fault, any person who is less than 50% responsible for causing the accident is entitled to claim for personal injury or damages.
The ability to claim damages from car accidents requires clearly establishing who is at fault and to what degree. Only an experienced and knowledgeable lawyer would be capable of proving where fault actually lies.
About the Author:
Some personal injury and accident information came from (www.shoalslawyers.com). Shoalslawyers.com is not associated with the writer and did not verify this article for accuracy. Hall-Tanner-Hargett has a proven track record of success inside and outside the courtroom.
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