Assessing and proving the fault is the most crucial factor in order to get justice in a motor vehicle accident or any other personal injury accident. Yes, it’s true there are other factors too but the jury gives utmost importance to the fault of a person in an accident. Determining the fault in itself is not a simple task and depends on other factors like negligence, liability, misconduct, violations and intention. Reading this article, you will learn about the fault factor in a motor vehicle accident as explained to us by an experienced Injury Lawyer in Burlington.
Negligence: By negligence, as the name suggests, we mean that the plaintiff must be able to prove the negligence on part of the defendant that contributed or caused the accident. According to a professional Injury Lawyer in Burlington, there could be a number of ways in which a plaintiff can prove the negligence of the defendant like speeding, overtaking, disobeying the traffic rules and even drunken or distracted driving.
Recklessness: Quite similar to the negligence is the recklessness of a defendant that resulted in a motor vehicle accident. As per an experienced Injury Lawyer in Burlington, recklessness can be categorized as any careless attitude or behavior on part of the defendant due to which the accident happened. This can be using mobile phone while driving, falling asleep while driving or even intentional hitting due to a reckless attitude.
Strict Liability: While discussing the fault factor with a well-qualified Injury Lawyer in Burlington, we came to know that sometimes in severe cases, strict liability is applied in motor vehicle accidents. Remember that this strict liability is applied irrespective of the fault factor. For instance, if a truck carrying explosive chemicals will be held liable for such accidents without even determining the fault under strict liability because carrying such explosive material, one is expected to drive carefully to ensure safety of others on the road.
Intentional Misconduct: Generally, intentional misconduct in motor vehicle accidents is seen amongst youngsters who have some sort of rivalry with someone. Here, as the name suggests, the defendant is found guilty for committing an intentional misconduct to harm the other person through a motor vehicle accident. On the other hand, intentional misconduct can also take place when someone deliberately hires a defendant to do a motor vehicle accident of a plaintiff.
Statutory Violations: According to an expert Injury Lawyer in Burlington, this is a seldom analyzed code for judging the fault in a motor vehicle accident case. Important thing here to remember is that almost every state has its own code of statutes to be followed. Like wearing seat belt while riding in a motor vehicle or wearing helmet when riding a bike. Thus, in case a rider or driver commit violations to these statutory warnings established by the state, then the fault factor may even lie on the plaintiff under negligence and the compensation may be reduced or denied. To read more Click Here
Negligence: By negligence, as the name suggests, we mean that the plaintiff must be able to prove the negligence on part of the defendant that contributed or caused the accident. According to a professional Injury Lawyer in Burlington, there could be a number of ways in which a plaintiff can prove the negligence of the defendant like speeding, overtaking, disobeying the traffic rules and even drunken or distracted driving.
Recklessness: Quite similar to the negligence is the recklessness of a defendant that resulted in a motor vehicle accident. As per an experienced Injury Lawyer in Burlington, recklessness can be categorized as any careless attitude or behavior on part of the defendant due to which the accident happened. This can be using mobile phone while driving, falling asleep while driving or even intentional hitting due to a reckless attitude.
Strict Liability: While discussing the fault factor with a well-qualified Injury Lawyer in Burlington, we came to know that sometimes in severe cases, strict liability is applied in motor vehicle accidents. Remember that this strict liability is applied irrespective of the fault factor. For instance, if a truck carrying explosive chemicals will be held liable for such accidents without even determining the fault under strict liability because carrying such explosive material, one is expected to drive carefully to ensure safety of others on the road.
Intentional Misconduct: Generally, intentional misconduct in motor vehicle accidents is seen amongst youngsters who have some sort of rivalry with someone. Here, as the name suggests, the defendant is found guilty for committing an intentional misconduct to harm the other person through a motor vehicle accident. On the other hand, intentional misconduct can also take place when someone deliberately hires a defendant to do a motor vehicle accident of a plaintiff.
Statutory Violations: According to an expert Injury Lawyer in Burlington, this is a seldom analyzed code for judging the fault in a motor vehicle accident case. Important thing here to remember is that almost every state has its own code of statutes to be followed. Like wearing seat belt while riding in a motor vehicle or wearing helmet when riding a bike. Thus, in case a rider or driver commit violations to these statutory warnings established by the state, then the fault factor may even lie on the plaintiff under negligence and the compensation may be reduced or denied. To read more Click Here
