Whenever there’s a car accident case, the issue of fault relies on one legal concept, which is “negligence.” It is defined as failure to take appropriate measures that are expected to be exercised when the situation demands.
In other words, the person was irresponsible, and their behavior led to the accident. This is what an experienced car accident attorney can easily prove. In this article, learn how to establish the negligence of the other party in a car accident.
Determining Fault in a Car Accident
If you’re living in any of the at-fault states, you’re required to prove the driver’s fault. Only then can you claim compensation for the damages.
At times, the fault is pretty straightforward. When a driver broke the law and hit a nearby car and witnesses testified the same, proving fault is relatively easy.
But, in other cases, when both the cars are moving and there are no witnesses available, proving fault becomes difficult.
To hold the at-fault driver accountable for the accident and injury, your car accident attorney will prove the following:
● The Driver Owed A Legal Duty
When driving on the public road, all drivers owe a duty to their fellow drivers. When you get behind the wheels, you owe a legal obligation to everyone on the street, pedestrians, drivers, passengers, etc. You must drive with a reasonable standard of care to ensure everyone’s safety.
● The Driver Breached Their Duty
Next, you need to prove that the driver you claim to be responsible for has breached his or her duty. You need to prove the plaintiff was negligent and didn’t fulfill the duty of care. To prove the breach, the behavior is compared to that of a regular driver in those circumstances. If there’s a significant diversion, it might suggest that the driver breached their duty.
● The Breach Of Duty Led To The Accident
Finally, prove that the breach of duty led to the accident. If the duty of breach didn’t cause the accident, then the court will not hold him liable for compensation. The negligence has to be a direct or proximate reason for the accident.
If you reside in any of the no-fault states, the compensation rules will be different.
In some cases, the accident may have been caused by multiple drivers. At those times, it is termed as a shared fault. If you, the claimant, are deemed at fault, it will directly affect the amount you receive. If the role is greater or equal to the other driver, you may not receive any compensation at all.
The impact shared fault will have on compensation depends on the type of state you reside in (or where the accident took place). The types are:
1. Pure Comparative Fault states
If you’re responsible for the accident, you’d have to pay for the damages. Even if you’re responsible for 90% of the accident, you can claim 10% from other at-fault drivers.
2. Modified Comparative Fault states
In these states, the at-fault drivers can claim compensation only when their involvement is less than 50%.
3. Contributory Negligence states
If the accident took place in a contributory negligence state, then none of the at-fault drivers will apply for compensation.
Proving liability and responsibility is paramount in car accidents. Therefore, you should work with a reliable and experienced car accident attorney to prove fault and request adequate compensation.