As per legislation in effect in most
states, when a car accident occurs the at-fault driver will be liable and
legally obligated to pay for the damages that ensue as a result of the auto
accident.
From a pragmatic perspective though, it
is generally the auto insurer of the at-fault driver who will actually pay up
for any resulting damages and/or injuries via a car accident insurance claim.
The at fault driver himself or herself will "pay" in return for
raised car insurance premiums, say fantastic accident lawyers in Memphis, TN
who can be reached right here @ Accident.USAttorneys.com.
Auto accident laws vary from state to
state
For the most part, auto accident laws
vary from one state to the other and can broadly be classified into three
categories, namely, fault states, no fault states, and comparative fault
states.
Fault states like Tennessee where the
at-fault driver and his or her auto insurer is liable for the resulting
injuries and damages, point out Shelby County, TN accident attorneys.
On the other hand, no-fault states are
where irrespective of who was at fault for the car accident, all parties that
seek compensation for damages caused by the auto accident will turn to their
own auto insurers via an accident insurance claim.
And finally, comparative fault states
are where all parties involved in the car accident are responsible for the
damages and how much of the damages they are responsible for is directly
proportional to how much at fault they were in causing the auto accident.
If you need a Shelby County, Tennessee accident lawyer then USAttorneys.com is where you need to go. Legal help is right around the virtual corner! |
For example, if an accident occurred and
it was determined that driver A was at 60% at fault and driver B was 40% at
fault for the accident, then accordingly, both the drivers will have their
compensation reduced by the respective percentage.
Determining fault in a car accident
Memphis, TN accident lawyers reiterate
that when it comes to fault states and comparative fault states, it first needs
to be determined who was at fault for the accident. The burden of proof in a
civil lawsuit lies on the plaintiff’s shoulders.
Essentially, the plaintiff and his or
her Memphis car accident lawyer will have to prove that the defendant whom they
are suing was at fault and negligent in causing the car accident. In order to
prove this, there are four conditions that need to be satisfied and they are:
Even if the driver is pretty, the accident she can cause is certainly now. |
- Duty of care – Duty of care is basically proving that the defendant owed the plaintiff a duty and this is usually not complicated to prove as anyone driving on public roads owes the duty to everyone else on the roads of driving with care and consideration.
- Breach in duty of care – This is where the plaintiff must prove with as much evidence as possible that the defendant in this case violated the duty of care.
- Causation – This is the next step where it must be proved that the breach in duty of care is what caused the accident and the resulting injuries.
- Damages – The damages will need to be quantified monetarily.
These thugs caused this job to go wrong
and cause a massive accident with a large customized car hauling truck and the train
itself. It was impressive and noteworthy.
Now since O’Conner and Toretto were
committing yet another crime they could not never win this accident case even
though those thugs caused this violent situation too occur.
If you have suffered
damages in an auto accident caused by a negligent driver, make sure
to talk to a Shelby County, Tennessee accident lawyer today to know how much
your claim is worth.
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