When an auto accident occurs, there are legal ramifications for all parties involved. It may be easy for passersby to assume that the person who sustained the most injuries to the vehicle bore the least amount of responsibility for the loss. That is not always the case, since people involved in accidents often share responsibility and liability for the losses that result.
Two legal theories may have a say in determining who is at fault in an auto accident. These theories are comparative negligence and contributory negligence. Comparative negligence determines that a person involved in an auto accident may have been more or less at fault, as compared to the other parties involved in the accident. It offers a chance for someone who was partly at fault for his accident to actually recover some damages for his personal injuries or property damages that ensued.
Contributory negligence is when the person involved in the loss has contributed in some way to the loss occurring. At common law, which means in days past, contributory negligence was a complete defense to fault in an accident. It used to mean that only one person would most likely be liable for the loss. Today, contributory negligence as a doctrine has been modified by court decisions and legislation over the years to look more like comparative negligence. When the theory of comparative negligence is used, there will be investigations that will allocate a percentage of blame or fault for the accident, as determined between all parties involved in the loss.
Different states have different rules regarding determining comparative negligence. Some states offer that when working to resolve auto accident claims, if a person is less than 50% at fault, then, that person can still get some money back for damages. Other states use a 51% cutoff, where if a person is more than 51% at fault, he cannot recover damages to put him right. In that case, the accident is seen as partially his fault too, so he is not entitled to get money back for his pain, suffering or property damages resulting from losses in the accident.
If these fine point distinctions are beginning to sound confusing, it might be time to call an expert. The law offices of Ledger & Associates are available at 1-800-300-0001 or online at www.ledgerlaw.com to answer any questions that you may have regarding your liability in an auto accident. This is not one area to assume that you know the answers, call Emery Ledger to get the straight answers to your liability related questions.
