How liability for a car accident is determined liability for a car accident
is usually determined by the amount of fault that has been assigned to the
drivers that were involved in a car accident
it is also determined by taking a close look at the circumstances of the
accident and how it occurred the blame or fault will then be apportioned
between each of the drivers however working out who is to blame and how much
each of the drivers is to blame can be difficult and it can also depend on what
exactly what occurred and how the fault will also depend on the auto law that
has been put in place in the state you live in
however there are three different types of liability laws that affect car
accidents and these are hybrid jurisdictions fault and no-fault and
we’re going to take a look at each of these jurisdictions now how liability is
determined in fault States most states tend to use a determination of fault
when it comes to assigning liability in a car accident case in some situations
the fault is already apparent especially when there have been clear acts of
negligence such as speeding and running a stop sign situations such as these
tend to require very little analysis when a portioning fault this is because
the individual who was driving in a negligent manner will automatically be
at fault and will be held liable for the accident and any injuries that were
sustained in some circumstances deciding who is to blame can be a lot harder
cases that involve the failure to yield are a prime example traffic conditions
the conditions of the road and the drivers actions can all play a part in
an accident if the driver happened to receive a ticket for their actions it is
likely that they will be held liable comparative negligence in many parts of
the United States contributory and comparative negligence usually come into
play comparative negligence occurs when a
certain percentage of fault is assigned to everyone involved in the accident
some states that use the comparative negligence rule will prevent drivers
from recovering a settlement if it is found that they are at least 50 percent
responsible for an accident whereas some states do not have this rule in the
amount of money a driver receives will depend on how negligent they were for
example if a driver was found to be 65 percent negligent for an accident
they will only receive 35 percent of the total damages contributory negligence
the states that live by the contributory negligence rule completely bar any
recovery of a settlement regardless of how much fault a driver has been
apportioned this means that even if someone was found to be just 5 percent
at fault for an accident they will not be awarded a settlement
oftentimes juries will have differing opinions as to how much blame they
should assign someone in comparative and contributory negligence cases can
therefore be very subjective how liability is determined in the no-fault
States a small number of states use what is known as a no-fault principle when
they are determining liability for a car accident a driver who lives in one of
these states is required to carry a minimum amount of car insurance by law
when someone has been involved in an accident instead of assigning liability
and working out who was at fault and then filing a lawsuit the victim of a
car accident will need to make a claim with their insurance company if you wish
to file a lawsuit in a no-fault state you must meet a specific threshold
before you can go ahead the injuries you sustained as a result of a car accident
must be serious enough or have resulted in a specific cost of your medical bills
if and when these criteria have been met drivers can then file a lawsuit against
a driver who has been found negligent the exact purpose of a system such as
this is to reduce the number of lawsuits that can be filed after a car accident
if the seriousness of injuries or the cost of medical bills is such that it
meets the threshold contributory and comparative negligence principles will
be used if you have sustained an injury due to being involved in a car
accident that was another drivers fault please speak to a personal injury lawyer
because you may have a personal injury claim