Comparative negligence is a term commonly used in a personal injury law firm, and it is actually a fascinating strategy for exploring all the many ways a potential personal injury case could play out. The core of a personal injury case in a vehicle accident has to do with placing as much fault on the other party that can be explained and justified.
The strategy proportions fault to each respective party member. It is rarely an equal 50-50 split. There is almost always some amount of fault placed on each driver and that can be subjective, so it is up to the representative to build a case that favors their client and to emphasis the potential fault of the other driver.
What is a typical comparative scenario? A driver in a sedan may have pulled out in front of a driver coming from the other direction, then the second driver pegged them, and they blamed the driver who turned who was not paying attention. Interestingly, the driver who hit them is also at fault. He actually had a headlamp out. Was the headlamp the cause of the accident? It is unlikely, but it may have contributed (especially if the accident happened at night). In this case, the original driver ran out in front of the other, but, the other driver’s improper car lighting is negligent. Both drivers are responsible at a degree of 60 to 40. The driver who made the turn is likely more at fault, but the headlight is a factor.
Comparative negligence is often less common with motorcycle accidents. The reason is that motorcycles are already handicapped on the road by being smaller and potentially more dangerous while larger regular vehicles are a greater threat. The implication is that larger-vehicle drivers should pay extra attention to motorcycles, and that leans the fault towards the driver of the sedan or truck.
Rarely are vehicle accidents cut and dry, there is always room for discussion and a personal injury law firm such as domain URL explores the different dynamics that went into the injury. Comparative negligence weighs the entire accident and allocates who is responsible to what degree in a way that is logical.
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