Defense Against Liability- An Accident Attorney’s Take
When you are facing a lawsuit for accident injury liability, your accident attorney will try his best to defend you against all accusations in court. There are certain provisions of law that car accident attorneys look at to determine whether claims brought against their clients can succeed in court. It is vital that you attempt to challenge any accusations of liability because there is a chance that you are not 100% responsible for causing the accident injuries.
There are instances where the at-fault party is obvious, such as when a speeding driver hits a well-parked car whose driver has not violated any traffic rule. However, the question of culpability is difficult to prove in other cases, such as when both drivers have contributed to the accident by violating traffic rules in one way or another. If you have been accused of causing an accident when you think that the other driver is also partly responsible, it makes sense to challenge the accusation, because compensation for the other party may be reduced, amounting to a lower financial burden on your part. You can get the help of a good attorney utah.
There are two systems that the law applies in different states to determine liability in cases where both the victim and the other driver may be to blame for an accident. The systems are: comparative negligence and contributory negligence.
Comparative negligence is a form of defense against accident liability that most states apply. In this system, the defendant may raise a partial defense, implying that the other party partly caused the accident too. If the outcome of such a case is $100,000 compensation, the settlement is shared between the claimant and the defendant based on their degree of liability for the accident.
In pure comparative negligence, a claimant is allowed compensation even if his part in the accident exceeds that of the other party. With modified comparative negligence, a victim only receives compensation if h is degree of fault is less than that of the other driver.
Some states use the contributory negligence principle, which dictates that an accused may avoid liability if they can prove that the claimant acted negligently in a way that contributed to the accident. The doctrine implies that a victim may not recover damages if he contributed in any way to his own injuries. You can also learn a lot by referring to https://en.wikipedia.org/wiki/Category:Lawyers.
Given that it is difficult to determine liability in many accidents, it is important that you enlist attorneys in salt lake city from the outset, whether you are the victim or the defendant.