It can be difficult to prove who is at fault when you are filing an injury claim following an accident.
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How can I prove legal responsibility for an accident?
Your case will be presented to an insurance company and not to a judge or jury in any court of law. Therefore, you won’t need to have legal proof of anything. Through letters and telephone calls with an adjuster, you will be informally negotiating with the insurance company. It is enough to present a reasonable argument in plain English that a person or company was negligent (“negligent”), even though there may be plausible arguments on both sides.
In a case involving a car accident, for example, you don’t need to provide precise angles or measurements of the tire marks. Simply point out that the driver who hit you from behind or in front of your car was the other driver. Both you and your insurance company will know who is at fault if they have common knowledge about driving rules.
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If the accident was partly my fault, can I receive compensation for my injuries?
Even if you are partially responsible for an accident, you can still seek “damages” (compensation from others who contributed to the accident by negligence or recklessness). You must compare the carelessness of another person to determine how much responsibility they have. If you are 25% at fault and 75% is the fault of another person, then the other person (or the person’s insurer) must pay 75%. This is known as “comparative negligence.”
If your negligence contributed significantly to the accident, you may not be eligible for compensation in some states. This is known as “contributory negligence.” In practice, however, it is up to the insurance adjuster to determine if and how much of your negligence actually contributed to the accident.
If my physical limitations make it more likely that the accident will occur, or if my injuries are worsened by my injuries, can I receive compensation?
Imagine you have a weak knee that makes your one leg unstable. Your eyesight isn’t very good, even if you have glasses. Even if someone has stronger legs or better vision, you may still be entitled to compensation if you fall from a broken staircase.
Absolutely. Everybody, regardless of their physical abilities, has the legal right to travel freely around the world. Property owners and occupants must not place unnecessary danger to anyone who could reasonably be expected on the property. Drivers and all others are subject to the same rules. No one can put anyone in danger by crossing their path.
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What is negligence?
Negligence refers to any careless behavior or act that contributes to an accident. Negligence can be defined as the failure to stop at a stop signal and hitting your car while you were passing through an intersection.
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Negligence can be defined as a failure to exercise care when a person has a duty to act with reasonable care and fails to do so. (Generally speaking, everyone has an obligation to use ordinary and reasonable care in all situations. This means that we must act in a way that does not inflict others. A person driving at night with sunglasses on would be negligent as any reasonable driver would realize that it increases the chance of causing an accident.