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Currently Browsing: Auto Accidents

Auto Accidents Due to Negligence

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The elements of a personal injury lawsuit require that a plaintiff proves that the defendant was careless or did not act with reasonable care i.e. tailgating and that this negligence resulted in injury to the plaintiff. If the plaintiff did not sustain any injury or monetary losses i.e. lost wages, the case has no merit as a personal injury claim even if negligence can be proven.

Negligence is an oft-repeated term when it comes to personal injury cases, but in the case of an auto accident, assigning fault is a key factor in determining liability. However, this is not always easy to do. Even when an auto accident involves a pedestrian who is seriously injured, it does not necessarily mean it was because the driver was at fault. A driver who takes reasonable care might not be liable for an auto accident in every situation.

But if both parties are to blame, it’s a little more complicated. For example, if a pedestrian ran across the road outside of the crosswalk to catch a bus without looking to see if it was clear and was hit by a car going too fast, you may both be considered negligent even if the pedestrian was the only party who sustained an injury. This may also apply in the case of an auto accident involving two cars where only one motorist was injured. In such cases where blame is shared, some states do have partial responsibility statutes in place that allow for the recovery of damages.

Modified comparative negligence defined

In cases where the plaintiff can be shown to be partially responsible for the accident, damages can only be claimed if the plaintiff is less than 50% at fault. In many states, a person who is partially at fault for an accident can only receive compensation that is comparable to the amount of blame that the other party had for the accident. For example, if a car accident victim would have been awarded $100,000 in a personal injury case, but they were 40% responsible for the accident in question, they would only be awarded $60,000.

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