The liability and fault of an accident are determined case by case. It is a lot more difficult to prove negligence or who caused the accident than people realize. There are multiple factors that go into determining who caused the accident.
The duty of care explains that the person who was the most careless in the accident is responsible for damages. This is one factor that goes into figuring out the legal liability for an accident. People also look at whether the driver is somewhere they are not supposed to be, the victim is also negligent, if the party at fault is working while the accident occurred, or if a defective product caused the accident.
Even if you are liable for some of the damages caused by the accident, you still could qualify for partial compensation. This is all dependent on comparative negligence, which means that the victim is also considered negligent in the accident. It is important to talk with a qualified attorney that can explain this concept and help you understand your settlement. Having a lawyer to help you through your case is critical to help you get the compensation you deserve.
When more than one person is liable, most states require the responsible individuals to compensate the victims for damages and injuries.
In this situation, there are several benefits to collecting compensation. For example, if one liable person is insured and the other is not, you can make a claim against the insured party for the entire amount. Make sure you determine everyone that could be liable in order to get the compensation you deserve.
Why this is important
It is important to get in contact with an attorney as soon as you can. They are qualified to help you get the settlement you deserve and to help you understand your legal rights. The Accident Injury Legal Center can help you learn your entitlements and get you in contact with an attorney.
Call the Accident Injury Legal Center at 1-866-255-4870.
Resource
Dengler, I. C. (2022, April 25). Determining fault in a personal injury case. Legal Reader. Retrieved April 26, 2022, from https://www.legalreader.com/determining-fault-in-a-personal-injury-case-2/