accidentsLaw & Legal

Who will be liable for a car accident injury?

Who will be liable for a car accident injury?

In case of a car accident injury, it is important to understand the claim options that one has, this article aims at getting you familiar with how a claim for a car accident works. A good law attorney always makes it a point to explain to the client how it works, so, if you ever get in a situation where you need a good Atlanta, GA car accident law firm, you know that claims are the first thing they will explain to you.

How are the burdens strongminded in a car accident?

If a car accident occurs anywhere, the liability for damages is decided according to the law applicable in that state. Most of the states allow the claim to be collected from the person who is at fault for that car accident. This is why the most important thing in case of an accident is deciding who was at fault.

In some types of cases, the fault is very clear, for example, if someone rear-ends a car in a parking lot. However, in others, it might not be clear who was at fault for the accident.

How is fault proven?

The liability in a car accident needs to be proven, which means that you will have to show that the driver was negligent. There are a few things that are needed to prove negligence. You will have to show that the driver was responsible for violating a legal duty that everyone on the road has that urges them to be careful. This duty is violated when a person creates a dangerous situation by not following the reasonable normal level of risk.

Partial fault accident cases

The cases in which the blame of the accident is on one person are easy to handle, however, when more than one person is to be blamed for it, the right be contingent on the state that you living in. When it comes to laws on partial fault accidents, the state is divided into three categories: Pure comparative for States, modified comparative fault States, and contributory negligence States.

No-fault States

There are a few states which follow some of the other versions of a no-fault car system, which means that every driver in that state is expected to carry a no for insurance which is also called personal injury protection.

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