If you have been injured as a result of someone else’s negligence you may be eligible for personal injury compensation by way of a personal injury claim. One of the key elements necessary for receiving compensation to a personal injury claim is determining liability. This article will discuss how car accident liability is determined in fault states.It is important to note that accident liability is a key factor in any personal injury claim. The term liability is defined by the Cornell Law School Legal Information Institute as “a legally enforceable claim on the assets of a business or property of an individual... liability results from a breach of duty or obligation by act or failure to act.” Car accident liability is determined by analyzing the circumstances of how a specific car accident played out and apportioning fault to the drivers involved in the accident.
Generally, there are three types of car accident liability laws these are:
1.Fault
2.No fault
3.Hybrid jurisdictions
There are a large number of states that rely on determining fault for personal liability in a car accident case. These states are referred to as ‘fault states’. It must be noted that in some cases fault is readily apparent, for example, when there are acts of negligence such as causing an accident by running a stop sign, speeding or rear ending another vehicle.
However, in other instances apportioning fault and determining liability in a car accident can be more difficult. For example, failure to yield cases are difficult when it comes to apportioning fault. In addition, road conditions, traffic conditions and the actions of drivers that are not involved in the accident can all play a significant role in determining fault. Further, where a driver is ticketed this can tip the scales of liability against him or her.
When determining liability the principles of comparative or contributory negligence come into play and such principles are used in many states. Comparative negligence is basically a “system where a percentage of fault is assessed and apportioned to each party who was directly involved in the accident whether or not that party is involved in the lawsuit”. Some states that use comparative negligence have laws in place that prevent an individual from recovering compensation if it is determined that they are 50% or more at fault for the accident. Still in other states damages apportioned are based upon the percentage of fault, therefore, if an individual is 30% at fault for the injuries sustained and the other driver is 70% at fault; the individual that is 30% at fault may only recover 70% of his or her damages. “Contributory negligence on the other hand bars recovery if a party contributed to the accident in any way regardless of the percentage.” The state of California follows the comparative negligence rule.
For legal advice and representation hire good accident attorneys handling personal injury matters.
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The King Law Firm is a law firm of renowned professionals who specialize in personal injury matters, including car accident matters. If you are involved in a Sylmar car accident or want to hire Woodland Hills car accident attorney, contact the King Law Firm for legal advice and representation today.