Car Accident Attorny and Comparative Fault Law

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The penalties of breaking a law are determined upon the result or harm that activity causes. If you hit someone while driving and cause physical or mental injury then you may have to pay some penalties according to the applicable personal injury law. But if the victim dies because of you the penalties will increase. This will be determined by the car accident law valid for that region.

A Simple Demonstration

Whether you are a victim or charging someone, your first objective is to get an attorney to fight your case. After a car accident attorney is hired, a few steps will follow. Let’s demonstrate with a scenario. Suppose the scenario involves a drunk driver called Eddy, and a passerby named Harold who was crossing the streets.

So Eddy got drunk at the evening. After that he decided to drive home with his car. The alcohol level was way above the legal limit. But he got too drunk to understand that too.

Harold just picked up a crate of beer from the general store. After getting out of the store he was about to cross the streets. The green lights were on, but there was not car nearby. So he decided to cross anyway.

Eddy was on the same road. He saw that the green light was there and he was driving a bit fast towards it. After getting near he saw Harold crossing the road, but he was too fast to stop even though he stepped on the brake pretty hard. So he lost control and hit Harold with the side of his car. It wasn’t a direct hit so Harold survives.

Harold had to pay US$1000 for medical costs. But he gets a car accident lawyer & charges Eddy for hitting him. Harold demands eddy to pay the medical bill. A case gets filed afterwards.

But all evidence shows that both parties were guilty. Harold was crossing the street with a green light. And Eddy was driving under the influence of alcohol. So the law decides both were equally guilty. And according to comparative fault rule, Eddy had pay 50% of the demanded amount, for being 50% at fault.

So now you should have a clear idea about the comparative fault is. This is not a definition. It’s an example to demonstrate the definition. Just like explaining law. Everybody know what the law is, I mean they have the general concept. It’s like asking about what love is. People will answer that differently. But in common everyone will explain the same thing in different ways. Same goes for the law and the terms inside it as well.

Aftermath

At the end, I must also say that this rule makes sure to charge whoever is guilty, no matter how much he or she is. And this reminds me of what martin Luther King Jr. said, “Injustice anywhere is a threat to justice everywhere.” Overall, comparative fault law is a rule to ensure justice for anyone.

 

Stephen Zee

5 Comments
  1. Cobain

    August 10, 2014 at 11:25 pm

    In some states, car owners are legally responsible for negligent driving by anyone using the owner’s car with the owner’s permission. These state laws don’t require that the parties have a relationship like that of employer-employee. Instead, in states with such laws, once you give someone permission to drive your car, you’re on the hook for their actions.

  2. Reynold M.

    August 11, 2014 at 1:54 pm

    The law holds employers responsible for wrongful acts, including negligent driving, when they are committed by an employee while the employee is performing job duties. (This comes under the theory of “vicarious liability,” or “imputed negligence.” When two parties have a certain relationship with one another, the law can hold one party liable for the misconduct of another.)

  3. James F.

    August 12, 2014 at 5:12 pm

    In a recent case, plaintiffs argued that parents should be held legally responsible for car accidents caused by their kids’ cell phone use. In this case, the parents provided the minor child with the cell phone, and the child was using a cell phone while driving. The law is still undecided on this issue, but parents should think twice before encouraging their kids to make calls while driving. (For more information about when parents can be held responsible for the negligent driving of their kids, read A article Car Accidents and Negligence: When You are Liable for Another Person’s Driving.)

  4. Kurl

    August 13, 2014 at 11:45 pm

    And keep in mind that some states have special cell phone laws applying to teens or novice drivers. In these states, teens may be prohibited from using cell phones while driving or may have more stringent restrictions than do adults.

  5. Nate

    August 14, 2014 at 6:24 pm

    There are a number of defenses available to a defendant in a car accident case based on negligence. Using these defenses can lower or erase the defendant’s liability (that is, the amount of compensation the defendant must pay the plaintiff). For example, if a pedestrian runs into the middle of the road and is hit by a car, the driver may escape all liability or may only have to pay for a portion of the pedestrian’s injuries.

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