Where Does the Fault Lie - A Discussion of Accident Liability
The first step an experienced
automobile accident lawyer undertakes while representing an injured individual
is determining who is responsible. In
the majority of car accident cases, one driver is more to blame than the
other. Although some injuries are the
result of intentional acts, most car accidents are the result of one parties
negligence. Simply put, a driver is
negligent when he or she fails to exercise ordinary care. Ordinary care is that which a reasonably
prudent person would exercise in the same or similar circumstances.
Some of the most common
examples of negligent driving include:
1. Disregarding a traffic safety device.
2. Making a left turn without yielding to the
right of way to oncoming traffic.
3. Failing to remain attentive while driving and
causing a rear-end collision.
4. Failure to maintain control of a vehicle
during in climate weather.
While this list is certainly
not exhaustive, it does show the primary cause of accidents, preoccupation
(cell phones) and careless driving. It
is not generally the case that the person causing the accident does it with the
desire to hurt someone.
In Ohio, if the injured
person is 51% or more at fault for the accident, that person cannot recover
compensation. If the injured party is less
than 50% at fault, than compensation can be recovered to the extent that they
are not at fault. For instance, if the
injured person is 30% at fault fo the accident, then the compensation for the
injured person is reduced by 30%.
An insurance company will
always try to blame someone other than the party they insure, especially in
today’s economic climate. The assistance
of an experienced personal injury lawyer I essential to proper compensation.
