Determining liability in the case of a car accident can be tricky. This is because situations like this are governed by a wide range of different factors and laws in most cases. Motor vehicle statues will usually determine who is forced to pay and who will get compensation. In some cases, the resultant situation will read as fair. In other cases, it won’t, since there are many different motor vehicle statues that will follow.
Common law definitely has a role to play when it comes to the determination of fault in an accident, and that can make the situation very complicated at the best of times. There are different components associated with common law, including intentional misconduct, negligence, strict liability, and recklessness. All of these different factors can have a huge effect on what is going to happen to a person who is involved in an accident in either direction. Even determining negligence can be difficult, and yet it more or less determines how most cases will proceed.
Tort and Liability
People who have caused a car accident have committed a wrong that is considered private against another individual, and this is referred to as a tort in legal terms. The automobile insurance industry has had some effect on whether or not certain individuals will be at fault in a car accident case. Unsurprisingly, this is a situation that was partly re-written according to the interests of the automobile insurance industry. As such, the motor vehicle status will often have more of an effect on what happens with a particular car accident than common law ideals, which is something that motorists should keep in mind.
There are certain situations where the car accident is going to be clear-cut regarding its results. For instance, if the motorist was driving in an inebriated state, then people will not have to question who is at fault. This is reckless and negligent conduct. However, the situation gets much more complicated in most other cases.
A fender-bender accident is much more complex because it is possible that one driver was at fault, both drivers were at fault, or, in some rare cases, neither driver was at fault. Determining fault in the legal sense is perhaps not always the same as determining fault in the moral sense. People will have to figure out who is going to pay for the damages and the medical costs, and that is a practical issue more than a moral one.
Variations in the Law
The laws about operating a vehicle in public will vary from state to state, and it’s a good idea for people to be familiar with the exact laws in their state. Some of these are variations on the common law. Others are from legislative initiatives. This sort of variation can make the situation more complicated, especially for the people who are trying to find a way to truly get a sense of what will happen as a result of a particular vehicle accident.
The complications of the law are particularly worrying since people who violate these laws are presumed to be negligent in one way or another. For instance, motorcyclists have to wear helmets in the majority of states. The people who do not wear helmets will be liable for accident claims, thanks to the specific legal requirements.
All of the different competing legal statues will have a strong influence on who is and who is not at fault in different car accidents. If a motorist hits a motorcyclist, for instance, the motorist might be perfectly at fault with regards to whatever injuries the motorcyclist sustained. However, this situation will change if the motorcyclist in question failed at any point to obey the laws concerning the use of motorcycles.
For instance, if that motorcyclist at any point failed to obey a traffic law, the motorcyclist could be at fault. If the motorcyclist was not wearing a helmet at the time of the accident and suffered a lot of injuries as a result, the motorist who hit the motorcyclist will not be at fault for the specific injuries. In a situation like that, it is possible that both parties would be at fault in different ways and to a different extent.
If you’ve been injured and need help to see if someone else is liable for your injuries, talk to an accident attorney at the Law Offices of Rodney K. Okano.
Okano Injury Law
6069 S Fort Apache Rd #100,
Las Vegas, NV 89148, USA