Car accidents are unfortunately common occurrences on our roads, leading to injuries, damages and even fatalities. According to a recent study by the National Highway Traffic Safety Administration, over 6 million car accidents occur annually in the United States.
Understanding how law enforcement and insurance companies determine fault in these situations is key for those involved.
Comparative negligence
Determining fault in a car accident involves the legal concept of comparative negligence. Instead of assigning blame solely to one party, comparative negligence considers the responsibility of all involved parties. Insurance companies and law enforcement assess each party’s contribution to the accident, and the damages are then allocated accordingly.
Each party’s contribution
In a comparative negligence system, investigators and insurance adjusters carefully examine the facts surrounding the accident.
Factors such as traffic violations, speed, signal compliance and adherence to road rules determine each party’s level of responsibility.
For instance, if one driver ran a red light, but the other was speeding, both may be partially at fault.
Percentage-based allocation of damages
Once investigators determine each party’s contribution, they assign damages based on the percentage of fault.
For example, if they deem Driver A to be 30% responsible and Driver B to be 70% responsible, then they split the damages this way. If the total damages amount to $10,000, Driver A would be responsible for $3,000, and Driver B for $7,000.
Implications for insurance claims
Understanding comparative negligence is vital when dealing with insurance claims. In some cases, the level of fault can impact the amount of compensation an injured party receives.
By understanding the basics of comparative negligence, individuals can navigate the aftermath of a car accident with a clearer understanding of the legal framework that governs the allocation of fault.