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Determination of fault during an accident

HomeAuto Accident Personal InjuryDetermination of fault during an accident

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Even though in most accidents, the person to get more injured seems to be the victim. However, there are several examples when both parties faulted the accident, or sometimes the victim is the defaulter. Since the person who did the blame has to pay for the damages, it's essential to determine the defaulter. Therefore, the determination of the defaulter helps to hand over the responsibilities to the defaulters.

The common reason for accidents

Most accidents take place due to negligence. There are two types of negligence accident cases – comparative negligence and contributory negligence.

  • Comparative negligence

In comparative negligence, the victim party might get some claim to recover from the damages even if there was a fault from their side. However, comparative faults have three different types – Pure, 50%, and 51%. Therefore, the amount the injured party gets from the other party depends on the type of comparative fault.

If the injured party comes under pure fault, they can claim compensation, but their amount for that claim will reduce by the percentage of damage. However, if the injured party comes under 50%, 51%, or even more than that fault, they cannot claim compensation from the other party.

  • Contributory negligence

In the case of contributory negligence, if someone claims against a person to pay for their recovery due to an accident and the lawyer determine that the injured party is at fault, then the court denies the claim.

In such cases, the injured party does not receive any amount for the damages. So, for example, someone getting hit by a car during a stop crossing signal can’t claim any compensation for the damages.

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