Car Accidents: Why We Care Whose Fault They Are
- By Tom Selwick
- Published 05/18/2011
- National, State, Local
- Unrated
Hardly anyone has trouble assigning fault when being part of a motor vehicle accident. The majority of America would agree that an accident is always the other guy's fault, but very few understand the laws regarding fault in a motor vehicle accident.
Legally deciding fault greatly affects the economic liability of the parties involved in the accident and is one of the most important legal steps following a car accident.Negligence is the legal term associated with any careless behavior that contributes to an accident.
You can be considered legally negligent any time you have an obligation to act with care but fail to do so. It is the declaration of negligence which makes someone legally responsible for another person's injuries.
While it may seem to be a fairly straightforward concept, determination of negligence varies from state to state.
DOES YOUR STATE USE COMPARATIVE OR CONTRIBUTORY NEGLIGENCE?
If your actions aided the cause of the accident in any way, you would not be able to recover any losses if your state operates under the "pure contributory negligence" principle. Only a few states still operate under this all-or-nothing type of fault assignment.
Most states use a version of the proportional assignment of damages called comparative negligence. If someone is deemed partially at fault under the comparative negligence principle, they would be proportionally responsible for covering the damages.
PURE COMPARATIVE FAULT.
Pure comparative fault is a form of comparative negligence. States with pure comparative fault directly proportions economic responsibility with the determined percentage a driver was at fault.
Someone who is determined to be 65% at fault for an accident would be 65% responsible for the economic damages or any personal injuries that occurred in a motor vehicle accident under the pure comparative fault principle.
PROPORTIONAL COMPARATIVE FAULT AT 50%+.
In some states, you cannot file a liability claim against the other driver if you are 50 percent or more at fault in the accident.
Because the majority of the fault would lie with you in this sce
nario, you would not be entitled to any compensation for damages if your state operates under this proportional comparative fault principle.
PROPORTIONAL COMPARATIVE FAULT UNDER 49%.
You are entitled to compensation for injuries and damages in an auto accident claim in most states if the majority of the fault is determined to lie with another party.
You should contact a local injury attorney if your state operates under the proportional comparative fault principle and you believe the other parties involved to carry the majority of the fault.
NO-FAULT.
Some states concede liability to each driver's insurance company regardless of whose fault the accident may have been. Your own insurance company pays for your personal damages in a no fault state.
Before rejoicing over the lack of having to pay liability insurance in a no fault states, you should remember that any damage incurred to your vehicle (whether or not a result of your own negligence) will affect your insurance premiums.
You should seek out an experienced personal injury attorney if you have any questions on how fault would be assigned for your specific case. A knowledgeable personal injury lawyer will be able to advise you of the likelihood of your case succeeding in court.
The laws concerning negligence vary slightly from state to state and it would be in your best interest to talk to an attorney who has dealt with personal injury cases in your area.
Though negligence sometimes seems to be an overly nit picky subject, the science of assigning fault ultimately boils down to the basic duties of the driver.
Whether or not you remember you agreeing to it, driving a motor vehicle on the road compels you to lookout, avoidance, and obeying the rules of the road.
The legal process required to recover damages done to your vehicle can be exasperating - especially to someone who is already dealing with the accompanying pains of being in an accident.
Unfortunately, all Americans have to jump through these hoops and find out the applicable laws governing their state unless they intend on paying for all of the damages out of their own pocket.
Perhaps I, too, should obtain legal counsel before advising you that these legal hoops are something that are certainly not my fault.
Legally deciding fault greatly affects the economic liability of the parties involved in the accident and is one of the most important legal steps following a car accident.Negligence is the legal term associated with any careless behavior that contributes to an accident.
You can be considered legally negligent any time you have an obligation to act with care but fail to do so. It is the declaration of negligence which makes someone legally responsible for another person's injuries.
While it may seem to be a fairly straightforward concept, determination of negligence varies from state to state.
DOES YOUR STATE USE COMPARATIVE OR CONTRIBUTORY NEGLIGENCE?
If your actions aided the cause of the accident in any way, you would not be able to recover any losses if your state operates under the "pure contributory negligence" principle. Only a few states still operate under this all-or-nothing type of fault assignment.
Most states use a version of the proportional assignment of damages called comparative negligence. If someone is deemed partially at fault under the comparative negligence principle, they would be proportionally responsible for covering the damages.
PURE COMPARATIVE FAULT.
Pure comparative fault is a form of comparative negligence. States with pure comparative fault directly proportions economic responsibility with the determined percentage a driver was at fault.
Someone who is determined to be 65% at fault for an accident would be 65% responsible for the economic damages or any personal injuries that occurred in a motor vehicle accident under the pure comparative fault principle.
PROPORTIONAL COMPARATIVE FAULT AT 50%+.
In some states, you cannot file a liability claim against the other driver if you are 50 percent or more at fault in the accident.
Because the majority of the fault would lie with you in this sce
PROPORTIONAL COMPARATIVE FAULT UNDER 49%.
You are entitled to compensation for injuries and damages in an auto accident claim in most states if the majority of the fault is determined to lie with another party.
You should contact a local injury attorney if your state operates under the proportional comparative fault principle and you believe the other parties involved to carry the majority of the fault.
NO-FAULT.
Some states concede liability to each driver's insurance company regardless of whose fault the accident may have been. Your own insurance company pays for your personal damages in a no fault state.
Before rejoicing over the lack of having to pay liability insurance in a no fault states, you should remember that any damage incurred to your vehicle (whether or not a result of your own negligence) will affect your insurance premiums.
You should seek out an experienced personal injury attorney if you have any questions on how fault would be assigned for your specific case. A knowledgeable personal injury lawyer will be able to advise you of the likelihood of your case succeeding in court.
The laws concerning negligence vary slightly from state to state and it would be in your best interest to talk to an attorney who has dealt with personal injury cases in your area.
Though negligence sometimes seems to be an overly nit picky subject, the science of assigning fault ultimately boils down to the basic duties of the driver.
Whether or not you remember you agreeing to it, driving a motor vehicle on the road compels you to lookout, avoidance, and obeying the rules of the road.
The legal process required to recover damages done to your vehicle can be exasperating - especially to someone who is already dealing with the accompanying pains of being in an accident.
Unfortunately, all Americans have to jump through these hoops and find out the applicable laws governing their state unless they intend on paying for all of the damages out of their own pocket.
Perhaps I, too, should obtain legal counsel before advising you that these legal hoops are something that are certainly not my fault.
Tom Selwick
Tom Selwick has worked with insurance claims with car accidents for over 25 years. He has authored several reference guides and almost a hundred articles regarding law for America's drivers. He recommends Young and Young (http://www.utahinjury.com) for residents of Utah looking for a personal injury lawyer. Contact Info: Tom Selwick TomSelwick09@gmail.com http://www.utahinjury.com
View all articles by Tom Selwick