When a traffic collision occurs between vehicles, some rules determine who is responsible for personal, and property damage and they are referred to as car accident laws. The decision on who pays damages lies squarely on the motor vehicle statutes based on how common law defines “fault.”
Because the identification of fault has been left to be interpreted under common law, it has given insurance companies some wriggle room to challenge fault and liability when the other party involved in the accident has violated any traffic laws.
LEVELS OF FAULT
- Negligence. Common law defines fault under oversight as reckless conduct that results in damage or harm. In vehicle accidents, a person can negligently fail to do something such as yielding way which leads to a crash. Negligence shows that the individual was unable to exercise a degree of care in protecting others from harm.
- Recklessnesshappens when persons act in total disregard of other peoples’ safety despite the knowledge that their action would result to harm or damage. For instance, they can actively engage in hazardous activities such as running a red light which amounts to willful disregard for another people’s safety.
- An individual who has caused a car accident under common law is said to have committed a ‘tort,’ and as a result, insurance company refers to them as ‘tortfeasors’ however, the tort is not considered intentional.
- Strict liability. People who are involved in transporting hazardous products are under a strict obligation even without exercising fault since the law stipulates that they are supposed to be more careful.
Determining fault can be a very challenging task because many parameters that are in play during the time of the accident cannot be ascertained beyond reasonable doubt, for example, a person in pleading their defense may sight slippery roads which are hard to establish at the point of the trial. Though, in cases such as drunk driving, it is easy to determine the level of fault since the motorist is involved in intentional misconduct.
REASONS FOR INVOLVING AN ATTORNEY
- Long legal procedures. If you haven’t been in a car accident before then, you will be shocked to know that there are some claim forms that one need to fill such as a police report and depending on the state laws there maybe be other forms. Also, there is a time limit for filing a suit. It is necessary to involve car accident attorney everett wa who has dealt with such cases before to reduce your work and save time.
- Proving liability is complex. Despite the various statements and reports that show that the other party was at fault to prove this beyond a reasonable doubt can be a daunting task that is why you need an attorney who can provide citations and references to your case to support your position.
- State laws differ. The United States has different rules for different states, for instance, there are 12 “no-fault” states where a person in a car accident cannot sue unless under exceptional circumstances. Other states allow you to sue even if you are partially at fault thus it is prudent to have an attorney’s guidance.