There are many tools that Fall River, MA,car accident lawyers use to determine who was at fault for an accident. While fault is a decision usually left for courts, a Rhode Island attorney can make a presumption about who was at fault for an auto accident.
Ways Fall River, MA, Car Accident Attorneys Determine Fault
Deciding who is at fault in an accident can be difficult. Some individuals argue that whoever contacts the insurer of the other is the aggrieved party, and the party who doesn’t is automatically at fault. Some also attribute fault depending on each party’s general behavior and attitude. These facts and circumstances do not directly relate to fault or negligence. An individual can file a claim for damages without being legally entitled to damages. The behavior of the other party before or after an accident may not prove his or her negligence. How then do some Rhode Island attorneys determine who is at fault for an accident? Here are five points that a lawyer in RI may consider in addressing this question.
This is the first thing that a Fall River, MA, car accident lawyer may look into in determining not only who is at fault, but the extent of the damage that you are entitled to receive. State laws differ in granting damages to offended parties. While some states grant compensation to the party who is injured depending on the other person’s fault, some do not allow recovery when you are 50% or more responsible for the accident. Other states do not allow any recovery if you are responsible for as little as 1% of the accident. It is important to know what system works in your state.
2. Duties of each party
Each party has a duty to fulfill. In an auto accident, both drivers need to follow certain road rules. This is similar to what disability lawyers in MA may consider in a workplace injury claim. In a workplace injury, the employer has to ensure a healthy and safe working environment, while the employees need to perform their function in an area where they are authorized to do it. You may want to know the duties of each party in an accident.
3. Breach of duty
Accidents occur when a party becomes negligent or intentionally fails to comply with his or her duty. A party falling short of the required standard of care may become legally responsible for an accident. Car accident lawyers often gather much evidence to prove that there has been a breach of duty, and that the other party has been negligent or at fault. This may be proven by circumstances that point that the event could have been prevented or avoided had the other party exercised due caution.
4. Causal association
Not all parties who are at fault are automatically legally liable for damages. Negligence, as shown by his or her breach of duty, must be the proximate cause of the accident and the damage. If the negligence or fault was not fundamentally related to the accident, then the other party may not be legally liable. Some law firms in Massachusetts may by more used to establishing causality than others.
The final element is damage. Actual damage must have been sustained. It must be established that each type of physical injury and property damage is directly related to the breach of duty identified. We have a wealth of experience dealing with these kinds of cases so we know what kind of damage to look for.
Do You Know Anyone That’s Been Injured through the Fault of Another?
If you know anyone that’s been injured through the fault of another, you may want to speak with a personal injury attorney regarding a potential claim. We have a team of experienced car accident lawyers in Fall River, MA, that can help you with your case.