Car Accidents – Who is at Fault?
The fault is one of the biggest, if not THE most crucial element, in any vehicle accident claim. The individual at fault is the person whose negligence triggered the crash, and that is the person who normally must pay for the harm caused by his or her disregard. If the circumstances surrounding your accident make it apparent that one person was at fault, then read no further! One of the associated articles shown below should be your subsequent stop. If, however, liability is not entirely apparent or if there is shared fault, then fault is apportioned between the persons identified by the details of the law in your state (see below) on relative or contributory negligence. When liability is communal in a vehicle accident, it is the insurer’s turn to decide the relative percentages of fault of the parties included. More on this website
What is Comparative or Contributory Negligence?
Historically, if two individuals were involved in an incident and the injured party was even the tiniest bit at fault, the individual would not be permitted to recover anything for his/her injuries or losses. This way of identifying damages is known in legal sectors as pure contributory negligence. For example, say Luke and Martin were involved in an accident. Luke hit Martin’s automobile while turning left onto a 2-lane street at night. Luke didn’t notice Martin’s vehicle because it was night time (and a dark one at that) and Martin was not driving with his front lights on. Under a pure contributory negligence theory, Martin could not get back damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? A few states still adhere to this law (Alabama, the District of Columbia, Maryland, North Carolina and Virginia). But most states now use some proportional form of comparative negligence that makes it possible for an injured person / persons to reclaim some damages for his or her injuries, even if he or she was partly at fault. There are currently three versions: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%. See this website
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of loss, if an injured human being is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be permitted to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. Put simply, you are unable to file a liability claim and lawsuit towards the other driver’s disregard if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving in excess of 25 miles per hour over the speed limit while Teri was attempting to cross the road. Even though Teri was partly at fault for not waiting until the road was clear before crossing, the insurance company allocated responsibility to Dennis at 60% due to his excessive speed. Even though Dennis sustained a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
