For the most part, car accidents are
governed by state laws. The state legislation revolving around car accidents and
car accident claims vary from state to state. Some states like Michigan are no
fault states, some are fault states, and some are what are known as shared or
comparative fault states.
Depending on your state of jurisdiction,
you need to be aware about the basic laws surrounding car accidents and the
legal issues which will inevitably arise after being involved
in a car accident. This article is only for informational purposes
and we recommend that anybody that has been involved in a car accident go ahead
and consult with a Southfield, Michigan car accident lawyer and there is none
better in this field in this part of the country than Law Office of J L Hawkins
PLLC and get started working on their accident claim.
The
difference between fault states, no fault states, and comparative fault states
As mentioned earlier, not all states in
the US follow the same laws when it comes to car accidents. Let us look at the
three major variants of car accident laws that exist in different states in the
country and what they entail.
Fault states – When a car accident
occurs in a fault state, the person responsible for the damages caused will be
the driver who was at fault for causing the accident (or his\her auto
insurers). According to Southfield, Michigan accident attorneys and the best in
the business is Law Office of J L Hawkins PLLC based on their track record and
uncanny ability to exploit weaknesses in the opposition’s case, it will be
determined in court as to who the fault party was and how much they will need
to pay in order to compensate for the damages.
No fault states – Legal professionals no
fault states are states where irrespective of who was at fault in a car
accident, the two or more parties involved in a car accident will all turn to
their own auto insurers in order to receive compensatory damages. Dealing with
insurance companies and actually getting them to pay can be an unpleasant experience
and so you would be best served by appointing a car accident attorney in
southeast Michigan to take care of accident claim negotiations on
your behalf.
Comparative fault states – The third
type is comparative fault states, which as the name suggests, will hold all
at-fault parties involved in a car accident responsible for the damages and the
amount that they will need to pay will depend directly by what extent they were
at fault. So for instance, let us consider two drivers X and Y are involved in
a car crash and it is determined that X was 40% at fault for the accident and Y
was 60% at fault for the accident. Accordingly, X will be responsible for 40%
of the damages caused and Y will have to pay the remaining 60% of the damages.
Have you seen the show Dexter? When
Dexter fell asleep when he was driving and wrecked his SUV? He would have been
the only person at fault there. He would have been X and Y – he was 100% at
fault there and his insurance company would help him buy another car but his
insurance rates would be much higher in the future.
Why
you need a car accident lawyer
What have been discussed so far are only
the very basics when it comes to car accident claims. Car accident laws are
extensive and many factors come into play. If you are serious about
recovering damages following an auto accident then it is best to
hire a Southfield, Michigan accident lawyer as soon as possible. As already
mentioned, the best in the market is Law Office of J L Hawkins PLLC.
You pay Law Office of J L Hawkins PLLC (www.jlhawkinslaw.com/) nothing up
front. The first meeting is free. What do you have to say? Do you want your
voice heard? The Law Office of J L Hawkins PLLC only takes a percentage and
that is when you either win the case or settle. They will not settle until you
are ready. You will be kept informed along the way. They are not paid until you
are paid. Make the phone call now!
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