What are the basics of car accident injury cases?

In the majority of states when a car accident happens, the driver who is at fault is financially responsible for injuries and other damages due to the crash. The driver’s insurance company covers the cost of damages from the company and as a penalty the driver will have to pay a higher insurance premium for a couple of years or so. However the laws differ from state to state and Greenville, MS accident lawyers know the accident laws in the fine southern state of Mississippi.

Getting hit by another driver is no fun. Not receiving what you should from the other side's insurance company is even worse. This is where Greenville, Mississippi accident lawyer Richard Schwartz should enter your world. You can reach him here: https://www.1call.ms/greenville/

How to determine fault after an accident?

When it comes to car accident laws, some states have adopted the no-fault rule while others follow the at-fault rule. In at-fault states, the fault of the driver must be proved to claim damages in court. In some cases the fault of the driver may be easy to establish where available evidence and statements of witnesses might confirm who caused the accident. However, there are times when it is difficult to determine who was at fault in the accident.

In the show Dexter, in season 4, Dexter hits or sideswipes a car which tears off the side view mirror of a car. Dexter does not stop to work things out with the other driver, he keeps on going. This is called hit and run. This is a crime and Dexter makes things worse by attacking the other driver and slamming his phone onto the ground when that other driver, with the help of the police, tracks down Dexter. Dexter did not handle this situation right and we will not go into the big picture on how Dexter could have avoided this entire situation since the point is, when you get into an accident, you do not want to leave the scene.

Dexter was clearly at fault as well in causing this accident.

The Burden of Proof in ‘Fault’ States’

 To begin with, the victim will have to prove that the defendant was behind the wheel of the vehicle and it was his legal duty to drive responsibly and protect other drivers, cyclists, passengers, and pedestrians.

The next step is to prove that the defendant is responsible for breach of duty and did not behave like a responsible person when the accident happened. The plaintiff will attempt to make the court understand that the defendant was not behaving like another reasonable driver would and in doing so he was negligent when he should have been more careful. If the driver violated a traffic rule such as driving under influence then proving fault is much easier which does not make that driver’s Mississippi accident attorney smile.

The third most important item is to prove that the breach has caused the injuries. The medical documents from emergency services can help the plaintiff assert that the injuries were a direct result of the crash.

If you need legal help, Greenville personal injury lawyer Richard Schwartz should be the first person you call. He can be found right here: https://www.1call.ms/greenville/.

What are shared fault accident cases?

There are cases where the accident was not solely due to defendant. If the defendant can bring forth witnesses and attribute some fault to the plaintiff then the amount of compensation amount can be reduced significantly. In some cases the plaintiff may not receive any compensation despite suffering losses due to injuries, hospitalization, and loss of income.

What is comparative fault?

In some states like Mississippi, any individual injured in an accident for which he can be held responsible can claim some damages from other at fault drivers. For instance, if a person is 70% responsible for the crash and his injury claims add up to $10,000, he can recover $3,000 from other at fault parties and he will probably need a Greenville, MS accident lawyer to bring this case to fruition.

There are modified comparative fault states when a person can collect damages if it is determined that he/she is less than 50% responsible. This means he/she may be entitled to compensation if found to be 30% responsible for the accident. However, the likelihood of making a successful claim is bleak if found 70% responsible in the accident. Why even bring the case?

If you or a loved one has been injured in an accident, make sure to seek recourse from a Mississippi accident lawyer such as Richard Schwartz. Being a comparative fault state, filing a successful claim needs the expertise of a decent and wonderful legal representative.