There are a variety of legal precedents for proving fault in different types of accidents. For example, a car striking a pedestrian will likely have different legal fault than a car striking a motorcycle. What happens when a car strikes another car? In this situation, there are many things a judge may consider when determining fault.
Here are a few of the considerations a judge may have.
1. Legal Violations
One of the most important parts of proving fault is deciding whether any party committed a legal violation. For example, if one member in the accident ran a red light, but the other was obeying the traffic laws. Here, it’s much more likely that fault will fall completely or mostly on the individual who ran a red light.
2. Previous Record
A judge may also consider whether someone has a previous record of traffic violations or accidents. Someone who has multiple traffic violations on their record may be more likely to receive fault for an accident than someone who has never had a traffic violation on their record. Everyone has a first violation, so this definitely isn’t a free pass, but it is an important consideration.
3. Damages to Each Individual
Did one person come out of the accident much more damaged than the other person? Is one person’s car clearly more destroyed than the other? These could actually be important elements of proving fault – or at least deciding whether one party needs to pay the other. These damages may not be the deciding factor when it comes to understanding fault, but they are elements the court should consider.
4. Extenuating Factors
The last element that a judge must take into consideration is extenuating factors. If, for example, one driver’s brakes failed, causing the driver to run a red light because they couldn’t stop, that may reduce the fault on the driver. These are extremely individualized factors that you’ll need to talk about with a lawyer directly.
How Do I File a Case?
The filing process for any legal case can be very confusing. This can dissuade people from filing a case even if they deserve reparations for an accident that occurred. If someone harmed you, even if the harm was an accident, it’s important that you get the reparations you deserve. That’s why you should seek out a lawyer to talk with about the accident.
Moreover, because every case is different, consider approaching an experienced Bronx accident lawyer for your particular case. That’s the best way for you to make sure you’re getting the best possible opportunity when it comes to filing your case.
The path to proving fault in any accident case is not necessarily clear-cut. It can be a very complicated process. However, if you have a great lawyer by your side, you’re more likely to get the justice you deserve for the accident you went through. Talk to a lawyer to make sure you’re able to prove fault in your case.