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Determining liability in automobile accident

HomeAuto AccidentDetermining liability in automobile accident

Liability for someone’s injuries or damages due to an automobile accident is dependent on many factors, like if someone was driving on the wrong side of the lane or was driving beyond the speed limit.

The motor vehicle statutes help in deciding who is responsible for paying for the injuries or damages.

According to Common Law, a fault is something that results in an accident. 

Types of fault.

Four types of defects.

  • Negligence
  • Misconduct on purpose
  • Recklessness and
  • Strict liability.


The term “tortfeasor” is using by most insurance companies for people who are wholly or partially held responsible for an accident.


If more than one “tortfeasor” is involved, then damages-to-be- paid are decided by the provisions of state law.

Many laws in each state regulate how a driver should drive his vehicle on roads.

If any of these statutes are violated, then it is automatically assumed that the driver was negligent. Like, he was not wearing a helmet by a motorcyclist is a negligent act and can affect his liability if an accident happens.

Getting your claim reviewed by an experienced attorney can be beneficial for you.


Important: The articles available on are neither legal advice nor a replacement for an attorney. The contents are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you, but we do not promise or guarantee that they are suitable for your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, we strictly suggest you get expert legal advice. Consult or hire an attorney in case of any doubt.