Determining liability in a car crash

On Behalf of | Mar 17, 2015 | Car Accidents

In many cases, car accidents in Connecticut involving more than one vehicle are the result of a series of actions taken by the drivers involved. This means that it is likely that two or more drivers who were in the wreck share the fault for causing the crash. There are two main theories to determine how that fault will be shared: comparative negligence and contributory negligence.

Contributory negligence is only observed in several states, including Maryland, North Carolina and Virginia, in addition to a few others. In these states, a person cannot recover compensation from the other motorist if they contributed to the cause of the accident in any way. Several other states use a modified version of this theory; drivers who were determined to have contributed more than 50 percent to the cause of the accident cannot seek legal recourse against the other driver.

Under the comparative negligence theory, which most other states utilize, a driver may seek compensation if they sustained damages in a car accident. However, they may only recover a percentage of the total amount if they contributed to the crash. For example, if a driver contributed to the crash by 40 percent, they may only seek 60 percent of the total in compensation for the damages.

If a person was injured in a car accident, it is likely that they suffered financial and other damages. If they can prove that they did not majorly contribute to the cause of a wreck, a personal injury attorney may assist the injured person with seeking compensation from the other driver. Not only may they determine the total amount in damages that were sustained due to the crash, but they may also assist with negotiations that may occur with insurance companies.


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