How does a Car Accident Attorney Determine the Degree of Negligence in an Accident?
If you were involved in a car accident for the first time, the chances of you being confused due to a lack of knowledge about the right steps to take would be higher. You may not be aware of the process following an accident. You may also not be aware of your legal rights. Let us delve into the need for hiring a Houston car accident attorney in such a scenario.
Why do you need the services of a car accident attorney?
You may wonder whether you require the services of a car accident attorney. In the event of you causing a car accident, incurred injuries to the other party, and damaging the vehicle of the other party, consider looking for the best car accident attorney in your state. The attorney would help you understand your legal rights associated with the accident along with the possible liability for the other parties involved in the accident. The attorney would be required to answer all questions that the client might have about the accident.
Determining the fault of the driver involved in an accident
An important thing for the attorney and the client would be to find the one who was at fault when the accident occurred. Before you claim compensation, it would be important for you to establish the level of fault for both the parties involved in an accident. Rest assured that the process of determining the party in fault would vary from one to another based on the laws of negligence prevalent in the state.
The knowledge of the degree of negligence for both parties would assist in determining the person responsible for causing the injuries and damage caused by the car accident. Three models are used for determining the compensation to be received –
- Comparative negligence
- Pure comparative fault
- Proportional comparative fault
The percentage of fault for the claiming party would be determined in comparative negligence. In the event, it exists, no matter how small it is, the party claiming the compensation would not be entitled to any of it.
Comparative negligence or contributory negligence may not be used widely in most states. However, people have been known to use other proportional types of comparative negligence. It would enable the party to claim deserved compensation despite being partially at fault.
Pure comparative fault entails a reduction in the incurred damages based on the percentage of fault of the claiming party.