Whenever a car accident occurs, one of the key things all parties involved will try to figure out is who is at fault for causing the accident. Whoever is found to be the at-fault driver will be the one responsible for paying for the damages through his or her car insurance, and that is why it is vital to figure this out when settling a car accident. To determine who is at fault, you can look at the evidence available from the accident scene; however, negligence laws also play a role in this too.
Why negligence matters in car accident settlements
Negligence is a term that refers to someone's responsibility for causing a problem due to that person's lack of attention, and negligence is something that is extremely important when settling any type of personal injury case. When you can determine which party was negligent in the event, you will know who was at fault for it. The person deemed negligent will be the person responsible for causing the accident and paying for the settlement of it.
What comparative negligence is
When it comes to negligence, there are two main types, and the first is called comparative negligence. This is the type of negligence system most states use when settling car accidents, and it allows parties to distribute negligence between everyone involved. In other words, in a car accident, the results might be that one party is 20% responsible for the accident and the other is 80% responsible. Comparative negligence splits up the responsibility between those involved as a way of making each party accountable for their own part in the accident.
What contributory negligence is
Very few states still use the contributory negligence method, which is a method that is very different from the first method. With this method, a person would only be responsible for causing the accident if he or she was 100% responsible for it. If the other party involved had any fault in the accident, even if it was just 1% fault, he or she could not sue the other driver. In this case, each party would have to settle with their own insurance companies after an accident.
In any car accident, it is vital to find out who caused it, as this will determine how the case settles. If you have questions or concerns about your recent car accident, contact a car accident attorney in your area.
Share27 May 2019
