‘Negligence’ is the legal term for blame,and in any claim or lawsuit,it is the most important factor according to good car accident lawyer. When it comes to identifying who’s responsible for an auto wreck,it is all about who was most responsible for the crash. If a driver was busy texting while driving and runs a red light,they are 100-percent negligent. When it gets complicated is if negligence is unclear or shared. In those cases,the negligence laws that govern the state in which the accident occurred will dictate the outcome.
Just as most laws vary from state to state,negligence is no exception. The main differentiation of negligence laws reside in the doctrines of comparative and contributory negligence.
The doctrine of comparative negligence that governs most states apportion blame between the parties involved in the accident,making it good to retain a preparing for car accident court. Under comparative negligence laws,the defendant (person the claim is being filed against) can respond with a partial defence stating that the plaintiff (person making the claim) was partially negligent for the accident too.
Not many states employ contributory negligence laws,but in those that do,if the injured party is found negligent in any way for the accident,they lose their rights for compensation from the defendant. This is a harsh law as accident victims are denied compensation for their injuries even if their negligence was only minor.
When it comes to identifying who’s responsible for an auto wreck,negligence is the most important factor. Depending on which state the accident occurred,the outcome of liability depends on either comparative or contributory negligence laws. Once negligence is determined,in most cases,the person with the higher percentage of negligence is the one liable for damages to any injured parties. Damages include the cost of vehicle repairs,medical treatment,any physical therapy,therapy due to stress or anxiety,and missed wages due to recovery time away from work.