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The subject of car accidents is one that is more complex than most people realize. This is doubly true when the issue of civil litigation emerges in the aftermath. When you are involved in an accident, you will need to procure qualified representation from a lawyer. You need to hire the most effective lawyer possible because the attorney must prove the most critical point in your case; the issue of fault.
Vehicular accidents are highly complex but any litigation that takes place will revolve around a very simple concept – determining who is at fault. Proving or disproving fault will be the goal of any attorney representing a client in such cases.
Establishing blame following an accident is not as straightforward as you might think. This is because the law will hold the person who caused the accident responsible for all damages that result from it. There are many situations where it is easy to attribute blame for an accident. An example of this would be where somebody driving under the influence smashes into somebody while breaking a red light at speed. If that happened, the drunk driver would certainly be responsible.
Unfortunately, not all accidents are quite so straightforward when it comes to establishing blame. We can demonstrate this by imagining a scenario where the drunk driver in the example above had a green light, and then collided with a sober driver who went through a red light. In this situation, it is not so clear-cut as to who is responsible, since both the drunk and the sober driver were negligent to some degree. Some people might assume that the blame would be equally shared, but that is not always the case. There are accidents in which 60% of the blame might be attributed to one driver, and 40% to the other. As you can see, the issue of blame is complicated, and a good lawyer is essential.
In the US, different types of blame or fault have been defined. There are three categories into which fault can fall, and most states have adopted one of these. The categories are:
Pure comparative fault. 51% comparative fault. 50% proportional comparative fault.
A qualified lawyer needs to approach a case with a clear understanding of these three categories.
Pure comparative fault refers to an injured party’s damages being reduced by the percentage it is deemed he or she was at fault for the accident. So, someone who is 35% at fault would be capped at at 65% of the damages in states which have adopted such a statute.
The most harsh category is the 51% comparative fault category. If the state uses this, then any injured party whose responsibility for an accident is more than 51% will not be entitled to claim any damages.
The 50% proportional comparative fault category is used in some states. In those states, any injured party who is deemed to be less than 50% responsible for the collision is entitled to seek damages for personal loss or injury.
It should be obvious from this short article that court cases arising from car accidents are not the domain of amateurs. Only a fully qualified and experienced accident attorney can make sure your interests are best served if you are involved in an accident.
Contact shoalslawyers.com for more information. Hall-Tanner-Hargett did not read or approve the final document.
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