What’s your negligence type?
The legal terms contributory negligence or comparative negligence have a direct impact on a victim’s ability to recover for an accident. In fact such terms can ‘completely eliminate or reduce the amount of compensation available to the victim’.
After any accident one of the key things to determine is who is at fault for the accident. In most cases it comes down to whether a party was negligent and if such negligence resulted in the accident. Negligence is usually defined as acting in a careless way that causes another person to suffer damages. The accident victim who is seeking to recover damages has the burden of showing that the other person was at fault for the accident. Comparative and contributory negligence systems help determine how the process will go if more than one person is at fault for the accident. However, it must be noted that different states follow different rules in this regard.
“The concept of contributory negligence holds that if a person’s own negligence contributed to an accident, he or she cannot hold another person responsible for the accident. In states that follow this rule, even if the person was only 1% at fault for the accident, he or she loses the right to recover.” Because of the harshness of this rule many states do not use this concept.
Comparative negligence compares the amount of fault that should be given to each party for causing the accident or injury. The judge or jury listens to evidence to Anchorage lawyers with regards to the car accident in order to determine the amount of fault that should be given to each party.
There are two different schemes under the system:
1.Pure comparative fault - each party to the accident is able to recover damages that are equal to the amount of fault of the other party. As a result a driver can sue another driver even if he or she was more at fault than the second driver. However, his or her damages are reduced by the amount at fault he or she was in the accident. For example, if a driver’s speeding is determined to be 70% at fault and another driver’s distraction is determined to be 30% at fault, the speeding driver can sue the distracted driver for 30%. If the speeder suffered $100 000 in damages he or she could potentially get $30 000. If the distracted driver suffered $100 000 in damages he or she could potentially get $70 000. It must be noted that the state of Alaska uses the pure comparative fault system.
2.Modified comparative fault – ‘the injured party can collect damages from the other parties at fault as long as his or her own negligence was less than 50% of the cause of the accident. However, if his or her own negligence is greater than this amount he or she cannot recover any damages’.
For legal advice with regards to a car accident in the Anchorage contact a law firm of renowned professionals.
After any accident one of the key things to determine is who is at fault for the accident. In most cases it comes down to whether a party was negligent and if such negligence resulted in the accident. Negligence is usually defined as acting in a careless way that causes another person to suffer damages. The accident victim who is seeking to recover damages has the burden of showing that the other person was at fault for the accident. Comparative and contributory negligence systems help determine how the process will go if more than one person is at fault for the accident. However, it must be noted that different states follow different rules in this regard.
“The concept of contributory negligence holds that if a person’s own negligence contributed to an accident, he or she cannot hold another person responsible for the accident. In states that follow this rule, even if the person was only 1% at fault for the accident, he or she loses the right to recover.” Because of the harshness of this rule many states do not use this concept.
Comparative negligence compares the amount of fault that should be given to each party for causing the accident or injury. The judge or jury listens to evidence to Anchorage lawyers with regards to the car accident in order to determine the amount of fault that should be given to each party.
There are two different schemes under the system:
1.Pure comparative fault - each party to the accident is able to recover damages that are equal to the amount of fault of the other party. As a result a driver can sue another driver even if he or she was more at fault than the second driver. However, his or her damages are reduced by the amount at fault he or she was in the accident. For example, if a driver’s speeding is determined to be 70% at fault and another driver’s distraction is determined to be 30% at fault, the speeding driver can sue the distracted driver for 30%. If the speeder suffered $100 000 in damages he or she could potentially get $30 000. If the distracted driver suffered $100 000 in damages he or she could potentially get $70 000. It must be noted that the state of Alaska uses the pure comparative fault system.
2.Modified comparative fault – ‘the injured party can collect damages from the other parties at fault as long as his or her own negligence was less than 50% of the cause of the accident. However, if his or her own negligence is greater than this amount he or she cannot recover any damages’.
For legal advice with regards to a car accident in the Anchorage contact a law firm of renowned professionals.
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