When it is about road accidents involving vehicles, it is usually a matter to decide who among the two parties involved was negligent and acted carelessly which resulted in the accident. And when it comes to vehicle driving each state has its own set of laws and rules predefined and every driver is supposed to abide by the same without failure.
Your injury lawyer in Belleville would tell you that these rules are known as the traffic laws and any failure to follow these laws can result in penalization. When obtaining a driver’s license, a person is supposed to pass the license test which only happens when they develop a clear understanding of the traffic rules.
Sometimes, when an accident happens, it is clearly a violation of traffic rules which also enables everyone to understand who among those involved was at fault. In such cases, it becomes extremely easy for the injury lawyer in London representing the plaintiff to file the claim on behalf of their client and get them compensated for the losses.
In other situations, when it is not clear if there was a violation of the traffic laws, these cases are normally governed by the principle of negligence. For those wanting to understand how liability is decided in such situations, negligence plays a prime role in such cases. Negligence in such cases will be based on three elements, including:
- That the drivers of all the vehicles involved have to be reasonably careful in any given situation
- The driver who was at fault was not careful
- And that the conduct of the driver caused damage or injury to the plaintiff
If you ask your injury lawyer in Fergus, you would come to know that there are certain situations where nobody is required to prove anything since the collisions or accidents are so clear that it is a cakewalk to prove liability in such cases. One such case is that of a rear end collision.
When there has been a collision from the rear end, it is understood and there are no arguments for the same that the liability lies with the driver who was driving the vehicle which hit the other vehicle from the rear end. The basic rule that is followed in such cases is that it is virtually the other driver’s fault only and the driver who was driving the vehicle that was ahead was not at fault.
Sometimes, and your injury lawyer in Gloucester would confirm the same that sometimes even the injured driver is partially at fault. However, in such situations the compensation that would be awarded to the injured driver would be impacted by his share of liability in the case. Some of the states follow the rule wherein if the liability of the plaintiff is even that of a small percentage, they would not get any compensation.