Not all motor vehicle crashes are clear cut and easy to determine liability. Some crashes tend to be more complicated. The reason is that a number of different factors can cause a collision to happen. Determining who is at fault in a car crash can be a difficult process. The first step is to prove the other party was negligent. However, even if you are successful in doing so, the other driver can still avoid partial or full liability by claiming a viable defense under shared fault rules like contributory or comparative negligence.
Some states, including California, has adopted a pure comparative negligence standard. Under this law, accident victims can recover some compensation for their injuries regardless of how negligent they were – even if their degree of fault is higher than the defendant’s.
If you live in one of the few states that follow a contributory negligence system (Alabama, Maryland, North Carolina, Virginia and Washington, D.C.) and are injured in a car crash, you may be in for a surprise – and not the good kind – if you are found to have contributed to the accident.
Under the doctrine of contributory negligence, you will be barred compensation if the other party can prove that you acted negligently and contributed to the crash in any way. This is a harsh doctrine because you will be denied recovery even if your degree of fault is slight. This is one of the reasons why only a small number of states still follow this rule.
There are different ways a defendant can claim that you were also negligent in having caused the accident. Some common examples of plaintiff conduct that might amount to negligence in a car crash include:
If you or a loved has been injured in a car accident, you should discuss your legal options with an attorney as you may be entitled to compensation. The Los Angeles car accident attorneys at the Law Offices of Samer Habbas & Associates advocate for their clients’ full financial recovery through hard work and an aggressive approach. For more information or to schedule a complimentary consultation with one of our attorneys, please call 888-848-5084.
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