Liability and fault refer to responsibility for an auto accident as well as the at-fault party’s obligation to pay the victim’s damages. The person causing an accident is typically liable for property damage and injuries, and the fault is usually due to negligence or recklessness.
Different Kinds of Fault
In most auto accident cases, fault is one of the biggest factors affecting a plaintiff’s ability to receive damages. Some jurisdictions have what’s called a “no-fault” rule, which simply means that each driver’s insurance company pays its client’s damages, regardless of fault. Jurisdictions take one of the following three approaches:
* Contributory negligence of a pure nature – If a plaintiff’s actions played any role in the accident, they cannot collect damages even if they are only 1% at fault.
* Purely comparative fault – A person is entitled to damages in all cases though they may be reduced proportionally to that person’s percentage of fault.
* Proportionally comparative fault – The person deemed more at fault cannot receive compensation, while the other party and their auto accidents attorney in Glendale, AZ may get damages based on their share of the fault.
Determining Fault
In most auto accidents, determination of fault is more complex than it seems on the surface. Lawyers and insurers will evaluate police reports and other evidence for mentions of negligence or the issuance of citations. While a citation cannot prove fault, it can support other evidence. A witness statement can outline the events leading up to a crash, and state vehicle codes can help determine fault. Final decisions are sometimes subjective, but there are certain instances where the fault is more clear-cut.
* Rear end collisions – If a person hits the vehicle in front of them, they are to blame because they failed to leave enough space between the vehicles to make a safe stop.
* Left turn collisions – If a person is hit while turning left, it’s nearly always because the turn was made unsafely. An exception may occur if the other driver ran a traffic light or was speeding, but most courts hold that the turning driver should anticipate such behavior and delay their turn.
Safe driving can reduce the chances of an accident, and it can help drivers avoid liability if one occurs. However, not all accidents are preventable, and an auto accidents attorney in Glendale, AZ with the Garrison Law Firm can help the plaintiff get the damages they deserve.
