Accidents happen, but there’s still typically a reason behind them. If you are in a car accident, it’s usually because one of you made the wrong turn or pressed the gas pedal just a tad too hard, and now your car is a wreck. But whatever the context, the next logical step is determining blame. Because whoever’s fault it is, is the one getting sued. If you are seeking out a construction accident claim, here is how they are likely to break down whose fault it all is.
Fault based states and no fault states
In the lion’s share of states, insurance for things like car or construction accidents are fault based. Since car accidents are used as the template for this sort of thing by most law firms, that is what we’ll be using here. If one gets into these accidents, the at fault party’s insurance will help pay for damages and medical expenses. These will usually be done through the at fault party’s liability coverage. On the other hand, we have no-fault insurance states. These are states wherein people are required to carry a paper known as a personal injury protection. These allow their insurance companies to pay for their insured’s medical expenses up to a certain point. Any property damage still falls under fault based systems, however.
Determining Fault
In a majority of insurance cases, fault is determined by the amount of negligence displayed by either party involved, as well as the definition of negligence employed by the government of the state wherein the accident took place. There are generally three types of negligence:
- Contributory negligence: all-or-nothing determination of fault. You are either completely, 100% blameless for the accident, or your insurance doesn’t have to cover a penny of the damages.
- Comparative Negligence: comparing your level of negligence against the other party’s. If you were less negligent than the other party, you can seek an appropriate amount of damages relevant to your deemed amount of negligence.
- Modified Comparative Negligence: This is a modified version of the comparative negligence model, which puts a cap on your ability to seek damages, namely how much you can receive. As an example, in the state of Illinois, you can only seek recoup for losses if you are deemed to be less than 50% at fault for the accident which triggered this entire thing.
Determining who is at fault for any kind of accident can be complicated, since accidents are by their very nature, random. However, it is an important step towards getting the money that you deserve. The attorneys at Hecht Kleeger & Damashek, P.C. are waiting for your call.
