Fault and Liabilityin Car Accident Law –there are several factors and Car Accident statutes that determine the person who receives compensation for damages or injuries caused during an accident. There was intensive lobbying by automobile insurance industries Cantini Lega for state legislatures to make statutes that have more emphasis on car statutes than the common fault notions of law. This has necessitated the insurers to easily determine fault and liability when it is found that there was violation of traffic laws by the other party in an accident. liability insurance luckily enough, is a requirement in all states a motorist who do not have liability insurance might find it difficult to get compensation for damages and injuries incurred after an accident even if it is determined that the other motorist contributed partially to the accident due to negligence.
Meaning of fault in Car Accident Law –there are four basic levels of faults recognized by common law and they include; Negligence, recklessness or wanton conduct, intentional or misconduct and strict liability. When there is careless conduct that eventually causes harm or damage then this is referred to as negligence. There are several things that could cause CBC one to be deemed negligent such as refusing to give the right of way which if it could have been done would have avoided the accident.
When a driver willfully disregards others safety and welfare, then this is termed as reckless or wanton conduct. And the driver can be slapped with strict liability even if found that there was no fault on his part and this applies especially for accidents occurring as a result of certain defective products or activities that are deemed extra hazardous such as transportations of chemicals that are explosive.
Individuals found liable for causing a car accident are regarded under common law as to have committed a “tort” which is mostly expounded as a private wrong committed against another. The term tortfeasors is used in car accident law to refer to those who have committed torts. The term tortfeasors is used widely by most insurance companies in reference to people whose actions were partly responsible for an accident.
When a motorist causes an Moncton accident lawyer as a result of engaging in intenionaly or reckless misconduct that may include among others drunk driving, then the question of fault rarely arises. However, there is the issue of difficulty In establishing fault especially when talking of general negligence.There are chances that partial liability could be on more than one motorist. If this is the case where there are several tortfeasors, then the person needed to pay for the damages to property to the involved parties is clearly stipulated in the state’s car accident law.