By:
Golberg & Osborne;
Date Added.: Jun 6, 2011;
Category:
ROOT
The process for determining who is legally at-fault for car accidents is sometimes difficult. The injured person must prove negligence. However, in some cases, the person at-fault might avoid partial or full responsibility with a defense. This is especially true in cases where both parties may have contributed to the accident. For these cases, determining negligence may rest on one of two defenses: comparative and contributory.
Comparative negligence typically assigns responsibility for the cause of an accident to all parties involved. This often reduces the award an injured person receives based on his or her level of responsibility. Contributory negligence could lead to no compensation for the injured person if it is determined that her or she shares some responsibility for the accident.
State laws vary on how responsibility is assigned in a car accident. Some states employ the contributory negligence system, while most use comparative negligence.
Comparative Negligence in a Car Accident
In the comparative negligence system, fault is allocated among all parties involved in the car accident. Most states may allow a pure or modified comparative negligence.
Pure comparative negligence allows most injured persons to receive compensation. Typically, compensation is paid even if he or she holds a large portion of responsibility for the accident. This may also occur when the injured person has a higher degree of fault than the other person.
A modified comparative negligence case requires a limited amount of compensation based on the level of negligence. For example, some states allow a injured person to receive compensation of his or her fault level is less than 50 percent.
Contributory Negligence in a Car Accident
Currently, four states and the District of Columbia have the contributory negligence system for car accidents. These include Virginia, Alabama, North Carolina and Maryland. With this system, a person may avoid responsibility for the accident by proving the injured person was negligent in causing the accident.
Essentially, the injured person is unable to receive compensation if it is proven that his or her actions were negligent on any level. Everyone who on roadways, whether a motorist or pedestrian, should show reasonable care for his or her own safety. Neglecting to do so can lead to an at-fault judgment for his or her injuries.
An injured person is considered negligent based on certain types of conduct. An accident that results from the injured person driving in excess of the speed limit is negligence. As a pedestrian, sudden or unexpected movements could lead to negligence. Additionally, having knowledge that a driver is drunk or sleepy and deciding to ride with that person is negligence.
Contact an experienced Mesa Car Accident Lawyer for more information.
Goldberg & Osborne, a Mesa car accident and medical malpractice law firm, makes available this material solely for providing general information. The content was written by an independent author and is provided as is. Goldberg & Osborne will not be responsible for any errors or results arising from the use of its contents.
