If you have suffered a personal injury due to a traffic accident, you may be wondering if you can claim compensation for your damages.
However, it is not always easy to determine who is at fault for the accident and how that affects your right to receive compensation. In this article, we will explain what contributory negligence and comparative negligence are, two legal doctrines that are applied in different states of the United States to resolve the problem of shared fault.
Contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or writing to us through WhatsApp so that we can provide you with the best free legal advice, and in this way we can help you obtain the highest compensation.
What is shared fault?
Shared fault occurs when an injured person has some responsibility in the accident that caused their injuries. For example, if you cross the street without looking and collide with another driver who was speeding, both could share part of the blame. Shared fault can affect both the plaintiff and the defendant, depending on the laws of the state where the accident occurred. Personal injury calculator?
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What is contributory negligence?
Contributory negligence prevents an injured person from being able to claim compensation if their conduct was so negligent that it contributed to the accident or its consequences. For example, if you drive under the influence of alcohol or drugs and cause a collision with another vehicle, you would not be able to receive any compensation for your damages.
Contributory negligence applies to both the plaintiff and the defendant, depending on the laws of the state where the accident occurred.
What is comparative negligence?
Most states use the doctrine of comparative negligence to determine who has the right to claim compensation for their injuries when there is shared fault. The difference between this doctrine and the previous one is that it only reduces the right to claim if it is proven that the plaintiff had more fault than the defendant.
For example, if you drive under the influence of alcohol or drugs and cause a collision with another vehicle, but you were only 20% at fault and the other 80%, you could receive partial compensation for your damages.
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What types of comparative negligence are there?
States may follow two different types of rules to apply the doctrine of comparative negligence: pure or modified.
- Pure comparative negligence: according to this rule, the right to claim is only reduced if it is proven that the plaintiff had more fault than the defendant. It does not matter how much that difference is or what type of injuries it caused.
- Modified comparative negligence: according to this rule, the right to claim is only reduced if it is proven that the plaintiff had more fault than the defendant and also their conduct was so serious or reckless as to cause serious or irreparable damages.
Why can personal injuries in traffic accidents be compensable?
What to do if I suffer a traffic accident in the US?
If you suffer a traffic accident in the US, you should follow these steps to protect your rights and your health:
- Call 911 to report the accident and request medical assistance if necessary.
- Exchange information with the other driver, such as name, driver's license number, insurance, and license plate number.
- Take photos of the accident scene, vehicle damage, and any injuries you suffered.
- Look for witnesses who witnessed the accident and ask for their contact information.
- Do not admit fault or make statements that could harm you.
- Seek medical attention as soon as possible and keep receipts and medical reports.
- Contact a personal injury attorney who can advise you on your case and legal options.
What benefits can I obtain if I claim compensation for my injuries?
If you claim compensation for your injuries, you can obtain the following benefits:
- Cover the medical expenses you have had to pay for the treatment of your injuries.
- Recover the income you have lost by not being able to work due to your injuries.
- Receive compensation for the pain and suffering you have experienced from the accident.
- Repair or replace your vehicle or other property damaged by the accident.
- Prevent the person responsible for the accident from causing harm to other people again.
How does this affect my case?
If you have suffered a personal injury due to a traffic accident in the US, you should know what type of legal rule applies in your state to determine who has the right to claim compensation for your damages. This can have a major impact on your case and on the possibilities of obtaining fair compensation.
To find out what type of legal rule applies in your state, you can consult the following sources:
- The official website of the Department of Labor, where you can find information about federal labor laws.
- The official website of the Department of Transportation, where you can find information about federal traffic safety laws.
- The official website of the National Highway Safety Council, where you can find information about statistics and research on traffic accidents.
- The official website of the National Center for Accident Prevention, where you can find information about educational and informational resources on prevention and investigation.
- The official website of the National Center for Occupational Accident Prevention, where you can find information about educational and informational resources on occupational prevention and investigation.
What can I do if I had an accident and I am undocumented?
What is a personal injury attorney and what is it for?
A personal injury attorney is a legal professional who is dedicated to defending the rights of people who have suffered injuries due to the negligence or carelessness of others. A personal injury attorney can help you to:
- Evaluate your case and determine if you have the right to claim compensation.
- Negotiate with the insurance company of the person responsible for the accident to obtain a fair and reasonable offer.
- File a lawsuit if negotiations do not succeed or if the offer is insufficient.
- Represent you in trial and defend your interests before the judge and jury.
- Collect the judgment or settlement you have obtained for your case.
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How to choose a good personal injury attorney?
To choose a good personal injury attorney, you should take into account the following aspects:
- The experience and track record of the attorney in cases similar to yours.
- The reputation and opinions of the attorney among their clients and colleagues.
- The availability and communication of the attorney with their clients.
- The fees and honorarios of the attorney and the payment conditions.
- The trust and empathy that the attorney conveys to you.
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