Car Accident Lawyer : Hold and Defend

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Car Accident Lawyer

If you have an accident without your own negligence then what will you do? Of course you will blame the person responsible for that. But instead of what will you do, what if I ask you what can you do? Because you may not have enough options do something like that. Even if you take the shelter of law you won’t be able to do much without the help of a car accident attorney.

But first you must know what can happen if you are charged for a car accident.

 

Car Accident Law Penalties

  1. Up to US$1000 fine for not having proper paperwork. This includes driver’s license, insurance papers, identification card etc.
  2. Up to US$2000 fine and prison time for breaking driving rules and having an accident afterwards. Such as driving under influence of drugs or alcohol.
  3. Up to US$5000 fine plus prison time in cases of car accident and causing damage to lives or property. This includes hit and run also.
  4. Penalties with lifetime sentence are also applicable if the accident kills or fatally injures someone.

Now that you know what may happen if you get charged with a car accident case, let me show you how to defend against it. To defend against a car accident case all you have to know is how it acts. And car accident law will go through the following facts.

Who Is Guilty?

Before you can claim anything you have to prove the other party as guilty. You must have proper evidences or witnesses to prove that. But your opponent can do it as well. The defendant can avoid partial or full liability by making his stand in defend it. So you have to hold your place and defend as well.

The Partial Guilt

To figure out fault between the parties, there is a system called the comparative negligence act. It determines how much penalty will be paid by each. If both parties are found guilty then both have to pay penalties according to this act. This can be categorized as:

  1. Pure comparative negligence.
  2. Modified comparative negligence.

Contributory Negligence Act

This rule is applicable only in few states. This act can make you avoid the full liability if you can prove that the defendant is solely guilty for the crime.

Get Help

You must get a car accident lawyer to handle the case. As you know from the above facts how it may work out you won’t have much trouble dealing with it.

And Conclude

Malcolm X mentioned that, “It is not violence when it’s in self defense; I call it intelligence.” So be intelligent, get help, defend yourself, and you will win.

 

Stephen Zee

 

 

6 Comments
  1. Tony R.

    March 14, 2014 at 8:49 pm

    Summary judgment is described as “a blunt instrument” that can abruptly terminate the litigation. To avoid a summary judgment, the other party must provide the court with evidence that would be permitted at trial that indicates that the key facts are disputable. If the court agrees with the party opposing the motion and finds that the key facts are in dispute, the court cannot enter judgment and must instead send the case to trial.

  2. Lucifer C

    March 15, 2014 at 5:30 am

    The term “sua sponte” means “of one’s accord” or “voluntarily.” A sua sponte dismissal refers to a motion for dismissal issued by the court, but not requested by either party to the lawsuit. Generally, a judge will order a sua sponte dismissal if he or she determines that there are problems with a trial. For instance, a judge may dismiss a case after realizing that the court lacks jurisdiction.

  3. Fordman

    March 16, 2014 at 8:05 am

    If a defendant is in default, acts promptly, and has an adequate excuse, he or she may be able to convince the court to set aside or vacate (undo) the entry of default from the file. Courts very much prefer that cases be decided on the merits, which often influences them to grant a motion to vacate entry of default. But in some cases, a court will decide that the defendants reasons aren’t good enough and refuse to set aside or vacate the entry of default.

  4. Davidson H.

    March 17, 2014 at 9:14 am

    If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. When a defendant is in default, the plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default. Entry of default is serious: it means that because the defendant has failed to appear, he or she will not be permitted to contest whether he or she is liable to the plaintiff. Instead, the only question in dispute is how much the plaintiff should receive in damages. The court will send the defendant a notice stating that default has been entered against him or her.

  5. Nicola

    March 18, 2014 at 3:38 pm

    In some cases, the key facts are not disputed and require that judgment be entered for one of the parties. This is known as a summary judgment, in that it summarily ends the case before trial. The purpose of a trial is to have somebody — the judge or the jury — decide what the facts are. If the facts are not in dispute, there is no need for a trial. Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.

  6. Jerry THomas

    March 19, 2014 at 10:25 pm

    Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a nondispositive motion. The information below is intended to give you a basic idea of dispositive motions that might end your case before trial, and how those motions work.

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