Who’s at Fault can Determine Everything

Accidents happen all the time and they typically result in injuries.  Following an accident, the first thing you should do is to determine who is legally at fault for the injuries (or liabilities).  This may not be as easy as you might think in some situations. The bottom line is to figure out who was careless or negligent. Before finger pointing begins, here are some things you need to know.

How to Determine Legal Liability

Almost all accidents occur because someone was careless.  When determining legal liability there is a rule to follow, which is called “rule of carelessness.”  Basically, if person A is involved in the accident and it was concluded that he or she was the least careful of those involved, then that person may pay at least a portion of the injuries occurred by the more careful one or group (person B or more).  

This rule of carelessness is used to decide who is legally liable for most accidents. A good barometer to judge this is the following propositions:

  • If an injured party was in a location that they were not supposed to be or a location where this type of activity was expected, then the person who caused the accident may not be found legally liable.    
  • If it is concluded that the injured party was also careless, then his or her payment may be decreased by the degree that the careless person was also responsible for the accident.
  • If a careless person causes an accident while working for someone else, the employer may also be legally responsible for the accident.
  • If it is determined that the property was dangerous because it was poorly built or maintained by the property owner at the time of the accident, then the owner will be held liable for the carelessness of property maintenance.  This holds true regardless of whether the owner created a dangerous situation.
  • If a defective product causes injury, then the manufacturer and seller of the defective product are both liable.  This holds true even if the injured person is unsure which one was careless, the manufacturer or seller.

When Multiple People are Careless

When multiple people involved in an accident are determined to have been careless, then according to the law in most states, any of them can be held liable and required to compensate you for your injuries.  An example of this is when several drivers in an accident are careless. Those involved must decide if one should compensate the others.

If you are involved in an accident and have injuries and need to make sure you’re being compensated fairly for your injuries, please contact a lawyer at Miller & Wynn to help you determine legal liability. Our lawyers have decades of experience.  Call (770)-942-2720 or visit our website at www.MillerWynnLaw.com.

By | 2018-11-09T15:21:30+00:00 October 26th, 2018|Uncategorized|Comments Off on Who’s at Fault can Determine Everything

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