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Whether you're the plaintiff or defendant in your case, it's important to understand the implications of negligence in your case. It can apply to either party in an accident and may affect how much is owed or awarded in a case.
Understanding Percentages
The amount of negligence assigned to a party in a car accident is similar to the amount of blame or fault assigned to a party. Every party in a vehicle accident, even in a pileup could share some part of the blame or could have had negligent behavior that caused part of the accident.
For example, maybe someone was driving a van and rear-ended a car, which caused it to rear-end a truck. Maybe the driver of the van was texting and the driver of the car was looking to reach for their coffee and was unable to stop. A court may find that both the van's driver and the driver of the car share different proportions of negligence in the accident.
When this fault is calculated it is usually done as a percentage. So say a judge says you are entitled to $100,000 for your accident, but you were found 20% negligent, you would only receive $80,000.
Factors That Can Nullify Negligence
Medical issues can sometimes nullify negligence or fault in a case. If you caused an accident but were suffering a medical emergency that caused the accident, like a heart attack, you may not be found at fault. However, if you fell asleep at the wheel, you may be found to be entirely at fault.
On the flip side, in some states, if you can prove the other party was at least a little negligent, it can cause their entire case to be thrown out.
Factors That Prove Negligence
There are many things that can help prove someone's negligence in a car accident. This proof can come in the form of a police report, confession, or dash cam footage. Simple things like forgetting to use your turn signals or having a brake light out can contribute to a party's negligence.
Talk To Your Lawyer
If you've been in an accident, you should talk to your lawyer. Figuring out the amount of fault isn't something you want to do on your own. Your lawyer will be able to inform you about any potential negligence or fault you have in a case. From there, your car accident attorney can help you to build a strong strategy for success in your case.
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