What Should You Know About Comparative Intelligence In Driving Accidents

Essential Stats For Justifying And Comparing Self-Driving Cars To Humans At  The Wheel

Everything is not straightforward when it comes to the law. Sometimes there is a single person or entity that is to be blamed for something, but sometimes it is not so easy. When it comes to accidents on the road, the concept of comparative negligence is important to understand. This post explains it. 

Whom To Blame Is Not Straightforward

When an accident happens on the road, it is good when there is a single person that is to be blamed. For example, if a driver has been missing red lights and is driving rashly or under the influence, and if an accident occurs, blaming them is easy. But it is not so when the guilty party is not apparent.

The concept of comparative negligence comes into existence to find out who the at-fault party is in an accident. For example, both drivers have been negligent in some manner and the accident occurred. But depending on the situation, it can be said that while one party is only 10% at fault for the accident, the other party is 90% at fault. This is what it is all about.

With this, finding the degree of fault is possible and it can have a tremendous consequence on the result of the case. 

Finding The At-Fault Party

You may be wondering who is the person who decides who the at-fault party in a road accident is. It depends on the particular case. If a person who has been in an accident is negotiating their compensation claim, then the insurance adjuster is the one who will come in and decide who the at-fault party has been.

This is not done randomly. Rather the insurance adjuster will study all the evidence regarding the accident such as looking at any available video footage as well as any photographs and he may even speak to eyewitnesses. This way, it is easier for him to determine comparative negligence in the accident.

Using Comparative Negligence To Bar A Lawsuit

The interesting thing about this concept is that it has enormous consequences on cases. Sometimes it can very well bar a lawsuit. For instance, in some states, a victim in a car accident may be barred from filing a lawsuit because he has been found to have 1% negligence in the said accident. This prevents him from getting any kind of compensation.

Comparative Negligence Can Reduce Compensation

In some cases, this concept can be applied to reduce the amount of compensation a victim gets. This can be a sad state of affairs for victims in a car accident.

Conclusion

If you have been in a car accident, then it is best to seek out legal representation for the same. This will help you get the maximum amount of compensation for your accident. Make sure to find a law firm that has expertise in this branch of legal science.

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