Fault

Especially in a car accident, it is of the utmost importance that the determination is made regarding who is at fault. Sometimes, the determination of fault might happen outside of court, occurring between the parties involved, insurance companies, and possibly police officers. In making this determination, it is first important to confirm that parties involved were not involved in any intentional wrongs or illegal actions. In a car accident, for example, one party may have been moving at high speeds or ran a light, which possibly could remove fault from the other party. Next, it should be considered if either party was careless in the how the injury came about. If this happened, it is possible that one of the two parties was negligent. Furthermore, it is also possible that both parties were negligent, each contributing to the injury — scenarios where this happens are labeled comparative negligence, meaning fault is, to some extent, shared.

Fast Facts

  • comparative fault in an accident is when two parties were at fault
  • in some jurisdictions, if a party contributed to fault in an accident, he cannot recover any damages

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