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.
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.