Article Side

Online Article Directory!

Hello Guest! Login or Register to submit articles!

Comparative and Contributory Negligence Theories: Bases in Figuring out Fault in an Auto Accident

By Ethan Rehman Subscribe to RSS | March 9th 2012 | Views:

In vehicle accident cases, determining who is at fault is one of the main concerns involved parties. Usually, the driver who struck the other car is at fault, even if it is an accident or done out of malice. However, the nature of the mishap and the accounts from both parties may produce a result different from the standard. In other words, determining the blame is not always easy.

Police thoroughly review the area of the crash to provide specific information of what really took place. Some cases of car accidents look direct and evident, but there are also collisions that are vague in plain sight. In addition, both the victim and the one at fault can be liable for a car crash. In this case, the court divides the accountability to both parties depending on the result of the investigation.

Negligence is a usual issue when it concerns car accidents, as every driver on the road has a responsibility to exercise caution. Although the one responsible had no motive of ramming the victim's car, he can still be held responsible for neglecting to execute safe driving techniques. The legal system in the United States specifies and follows either of two type of negligence in figuring out who is at fault.

Contributory: The auto accident attorney Salt Lake City has to offer says the injured party in a car accident is not entitled to recover losses if he is to some extent at fault. Assuming that this is the case, then a state makes use of the contributory negligence theory to fix claims in court. It is still being used in a couple of states, besides Utah. It may seem unjust, but, as mentioned previously, a driver has the obligation to exercise caution in driving.

Comparative: The comparative negligence theory is a less rigid concept and is widely used in most states. If both parties are accountable for the accident, the court determines the gravity of each side's liability based on statements and official reports. The auto accident attorney Utah residents seek advice from says an injured party's recovery claims can be cut by 20 percent if the party is 20 percent accountable.

However, there are restrictions to the comparative negligence theory. The injured party that is 50 percent liable or more is not qualified to claim recovery assets since it appears that he is largely at fault. The Utah auto accident attorney says that, in some states, the plaintiff's damages could be reduced if he is partly at fault for his own traumas.

Ethan Rehman - About Author:
For more informations, please search "auto accident attorney Salt Lake City, auto accident attorney Utah and Utah auto accident attorney" in Google.

Share on Facebook Tweet It Stumbleupon this post This post is delicious !

Article Source:

Related Business Articles Subscribe to RSS

Why You Should Keep an attorney Tyler, TX Number on Hand
Published by Evans Baliol on November 25th 2011 | Business
You may not need an attorney Tyler, TX right now, but it’s a good idea to have the number of a goo...
Top facts – California auto insurance
Published by Auto Insurances on January 14th 2012 | Business
The grade point averages of the youngsters in the family will be quite attractive enough to get the ...
At what time you must approach for litigation attorney
Published by Adli Law on April 2nd 2012 | Business
Usually, law firms are being considered as the best sources to explore the best lawyers belonging to...
The best site for Idaho auto insurance
Published by Auto Insurances on January 16th 2012 | Business
Although Idaho is one of the least crowded states in the United States, it does not mean that living...
Tips for auto Donation
Published by Car Donation24 on July 13th 2012 | Business
Are you interested in donating your vehicle to charity? Then you better know the right way to go abo...
All you need to know about auto glass repairs+
Published by Marie Flair on July 13th 2012 | Business
When to replace your windshield - How do you know when the damage to your windshield is beyond repai...
Why do you hire a patent attorney?
Published by Adli Law on April 5th 2012 | Business
If you have realized the imperativeness of the patent attorney, have one of them in your side in ord...
What You Need to Know About the Courts and Your divorce attorney, Northfield, NJ
Published by on November 28th 2011 | Business
If you are facing a divorce or a custody hearing, there are some things that you should know about t...
Personal injury attorney Lincoln ne is the most trustable lawyer
Published by Mchenry1 on January 31st 2012 | Business
If you probably are a victim of misfortune or accident & are suffering from the injury, then it will...
Get expert and desired advocacy with online tax attorney
Published by Alen Gray on April 17th 2012 | Business
It can be a shocking moment when you receive a tax letter in the mail; it can be devastating if the ...
Take help from the attorney in order to claim the benefits
Published by Safinajones on December 22nd 2011 | Business
You must know and understand the importance of the disability benefits and how to claim the benefits...
How to get Alaska auto insurance
Published by Insurance Inde on January 13th 2012 | Business
Everyone seeks for the protection of their autos and if you are a native of Alaska then protection l...
Protecting Your Assets with a divorce attorney, Northfield, NJ
Published by on November 25th 2011 | Business
When going through a divorce, we always hope that we can end things peacefully, and that our former ...
Is business attorney is vital for running your business smoothly?
Published by Adli Law on April 3rd 2012 | Business
Let the technicalities of law must be handled by the professionals who adept in it and indulged in i...
What You Need in a divorce attorney, Northfield, NJ
Published by on November 28th 2011 | Business
When looking for a divorce attorney, Northfield, NJ is a competitive market. There are a lot of lawy...
Contact social security disability attorney to avail disability benefits
Published by Safinajones on January 12th 2012 | Business
Disability is a curse for people when it cripples life and stops working capacity. In case of emerge...
Compare auto insurance quotes via internet- safety measures:
Published by on April 4th 2012 | Business
Selecting effective and affordable car insurance might not be an easy task, but you can simplify it ...
Hire the best personal injury attorney to get your compensation.
Published by Danny Kaye on May 11th 2012 | Business
When you met with any kind of harm because of others fault the first thing which you should do is th...
How to choose Family law attorney Nebraska
Published by Mchenry1 on May 29th 2012 | Business
Family law is an area dealing with legal disputes that are related to families. Divorce, division of...
Personal injury attorney Lincoln Ne always ready to help you
Published by Mchenry1 on December 21st 2011 | Business
A personal injury attorney in Lincoln Ne is perpetually ready to help you in any kind of fortuity th...