How to Tell Who’s at Fault in a Personal Injury Case?

Accidents take place because someone was reckless and didn’t follow the rules. Sometimes everyone involved was careless but the negligent driver will be considered the one at fault. However, if you get injured in a place where you were not supposed to be, the other party may not be considered liable because they don’t have a legal duty towards you.

The system can be complicated and the hardest part is to prove that you were hurt by someone specific. That’s why we have gathered the following points to help you identify the person who wronged you and how to prove it.

 

Negligence

The main factor that causes accidents is negligence, which is failing to follow the guidelines. A reasonable person is expected to behave in a certain manner under any circumstances. For instance, you shouldn’t drive under the influence of alcohol, or text or talk on the phone because all of these distractions will be considered recklessness from your side.

In some cases, if the parties involved in an accident know that they put themselves at risk, no one can be responsible for the other’s injuries. This is called the assumption of risk and is mainly applied in dangerous sports. Those participating cannot file a claim even if the other person is reckless because you get into the game knowing that injury is on the table.

 

Legal Duty 

To be able to call someone out on their actions, they must have a legal duty towards you. For instance, drivers owe each other a level of consideration, especially to the ones riding motorcycles. If one person breached that duty by breaking the rules and inflicting pain on other people, they must be held accountable. In case the incident passes smoothly without pain, suffering, property damage, or medical bills, there will be no claim to pursue.

 

Proving Fault

The problem with personal injury claims is that the at-fault party will try to get out of it without losing anything in the process. You may even put yourself in a position of weakness if you don’t pursue the claim in the right way. That’s why Georgia-based attorneys at https://gregorysmithlaw.com/ recommend seeking legal assistance as soon as the accident happens because any delay means that you are further away from getting compensated. Moreover, some people will take advantage of the fact that you have no idea what the legal terms are and bombard you with them to confuse you to drop the case.

A good lawyer will have to collect evidence such as police reports, medical bills, and photographs to understand the circumstances to talk from a position of strength. They will also interview witnesses to support their claim. Some of them hire investigators to scan the scene of the accident for any little fact that can determine that the other party is at fault.

 

Comparative Fault

What if there is more than one person at fault in an accident? This is called a comparative fault; however, you will have to file a claim against only one of them. Fortunately, this will give you more flexibility since you can go after the insured person to get fully compensated for your injuries.

Even if all of them are insured, you will still go after only one company. If you share some of the blame, you may jeopardize your claim. However,  the law determines the person that should pay according to the percentage of carelessness.

 

Strict Liability

As a consumer, you expect that the products you pay for won’t cause you any harm. Companies must properly label all of the packages and deliver them to you in a good shape. If their products cause you any suffering, the company will fall under strict liability and must compensate you. This is the case in anything that you buy such as food, beauty products, or clothes.

 

Willful Misconduct

Employers should take care of everyone working under them and provide each person with all of the safety measures. If they fail to provide a safe work environment or intentionally neglect employees’ cry for help, they must pay for it. On the other hand, if they are acting in good faith, they will fall under the willful misconduct category. These are normally protected and you will be unable to file a claim against them.

It may be crystal clear to you who is at fault and who’s suffering major consequences. However, most of the time people don’t see that they have done anything wrong so they will try to invalidate your claim. That’s why having an attorney will help you through the whole process and make sure that you get what you deserve.