When you are the victim of an auto accident, you may want to file a car accident personal injury claim for damages against the party who was at fault. The laws in each state vary regarding how negligence may be applied to those involved in the accident. In some cases, there may be multiple parties at fault and the victim may be able to file a claim for damages against several defendants.
How to Establish Negligence
Determining liability is a key factor in any car accident personal injury claim. When proving who is at fault for an auto accident, the plaintiff must show that the defendant acted in a negligent manner which caused injury or harm to others. Some examples of this are:
- Running a red light
- Failing to yield the right of way
- Speeding or driving in a reckless manner
- Not stopping for a pedestrian
- Operating a vehicle while under the influence of drugs or alcohol
- Texting while driving
- Making an illegal u-turn
All drivers must follow what is known as “the rules of the road”. These rules establish how drivers are supposed to interact with each other and who has the right of way in certain situations. When accidents involve serious injuries or the death of others, the police will be called to the scene where they will investigate the circumstances. The final police report may state which driver was at fault. People can be held liable for an accident even if they weren’t driving the vehicle at the time. For example, if you lend your car to a friend and they are involved in an accident, you may be held liable for their actions. This is known as vicarious liability and both the owner and driver of the vehicle may be named in a personal injury claim. Employers are legally responsible for the actions of their employees when the employee operates a vehicle while conducting company business at the time of the accident.
Comparative and Contributory Negligence
Some states use the laws of comparative or contributory negligence when determining how the parties involved may share the burden. There are currently four different systems in place, which are:
- Pure Comparative Negligence—A victim may recover damages even if they were 99% at fault for the accident. They can only collect the amount of damages minus the percentage they were at fault.
- Pure Contributory Negligence—If the plaintiff contributed to the accident in any way, they will be barred from recovering any financial damages. There are only five states that follow this rule of law.
- Modified Comparative Negligence 50% Bar Rule—When one motorist is 50% at fault and the other is also 50% to blame, the plaintiff can still recover 50% of his or her damages.
- Modified Comparative Negligence 51% Bar Rule—If the person at fault is found to be 51% negligent, they would not be able to recover anything.
It is important to understand the different types of negligence laws in each state so that you will know if you will be able to file a claim for damages and how much you may be able to recover for your injuries.
Getting Legal Help
In all civil cases, the burden of proof is on the plaintiff. Therefore, it is important to obtain experienced legal representation to be successful in obtaining damages for your claim. An attorney must be able to present sufficient evidence to the court in favor of the plaintiff. This is called a “prima facie” case meaning there is enough evidence to show that the defendant was negligent in their actions. You should speak with a personal injury attorney who will be able to evaluate the strength of your case.
