When a car accident occurs, your role in the crash and ability to recover damages is often tied to a fault. Your attorney can help you understand how different states handle the concept of fault and liability.
Pure comparative negligence is recognized in some places, allowing a percentage of blame on each driver and limiting damages received by injured parties to their proportionate amount. Other states use different models.
Fault
Fault and liability are key legal issues in car accident cases. In most cases, the fault is determined by looking at the evidence. This includes police reports, physical evidence like photos and vehicle damage, eyewitness statements, and the manufacturer’s product liability laws.
In some states, such as no-fault or PIP (“personal injury protection”), the fault is not determined based on an accident’s cause. However, this does not mean that the motor vehicle accident is not considered an act of negligence, recklessness, or intoxication.
A standard of care that any reasonable person would have anticipated under the circumstances is typically deemed broken by the party at fault in an accident brought on by mechanical failure. The standard of care may be a violation of traffic laws, improper maintenance, or failure to address a known defect. A fault may also be assigned based on comparative fault laws, which hold each party accountable for their percentage of the total damages. The law of strict liability may also apply, which holds the car manufacturer liable for defects in cars that are not repaired.
Contributory Negligence
A car accident is rarely a simple matter of one person being at fault for a collision. With state driving laws thrown into the mix, issues like proximate cause, statutory negligence, and contributory and comparative fault can arise.
Negligence is generally defined as careless or reckless conduct that results in harm or damage. It can be as simple as not wearing a seatbelt or as complicated as driving while texting. In some states, negligent behavior is considered a strict liability offense.
Additionally, some jurisdictions have a law known as contributory negligence that prevents accident victims from suing for damages if they are even partly at fault. In contrast, most states now use a comparative fault system that allows victims to receive compensation reduced by the percentage of their fault for an accident. If you need help with how these concepts apply to your case, speak with a licensed attorney. They can help you understand what factors are important in determining fault and who pays for your injuries.
Modified Comparative Negligence
Whether you slip and fall outside your favorite store or an intoxicated driver slams into your car at a busy intersection, how you recover depends on what kind of fault rules your state has on its books. Some states use pure comparative negligence rules, while others have a hybrid system known as modified comparative fault.
Under pure comparative negligence, an accident victim can collect damages even if they are up to 99 percent at fault for the crash. This is a much more generous system than contributory negligence. It bars victims from recovering compensation if the other party can prove they were somehow to blame for the crash.
Most states follow a modified version of comparative fault that reduces the total amount of damages you can receive in a claim depending on your level of fault for the accident. For example, if a jury determines that you are 30% responsible for the collision, your damages will be reduced by 30 percent.
Arbitration
Car accident victims can take advantage of arbitration to make a more fair recovery from the insurance company. An accomplished personal injury lawyer can explain the ins and outs of this non-court procedure. They will review all available evidence and help clients build a strong case for compensation from the at-fault driver and their insurance provider.
The arbitrator will hear both parties, then decide how the dispute should be settled. This is known as binding arbitration. In the United States, courts can decide whether or not an arbitration decision will be binding.
Arbitration is typically much faster than a trial. Both parties will present evidence, including witnesses and documents like pay stubs, medical records, and insurance coverage information. The hearing can take a few hours. Both sides can make opening statements, call and examine witnesses, cross-examine opposing witnesses, and deliver closing arguments. Often, the arbitrator will issue a decision within a few days of concluding the hearing.