There is nothing more debilitating than sustaining injuries in a motor vehicle accident. Filing a claim for damages is usually the only hope for victims to cover their medical expenses. However, most people do not know that several factors can influence the value of your injury claim. Liability or determining fault, in particular, plays a significant role. 

If you or a loved one has sustained injuries in a car accident, the best course of action is to hire a car accident attorney. Since liability directly influences compensation, it is crucial to seek the assistance of an experienced attorney. Meanwhile, here is an article outlining the key factors that can influence liability in a claim. 

State Laws:

State laws are one of the most common factors that can influence liability in a claim. It is important to note that every state follows different laws when it comes to establishing negligence and determining fault in an accident. The model of negligence is one such critical area where state laws may drastically differ. There are two types of models that states usually follow:

Comparative Negligence:

Comparative negligence is a legal principle in tort law that employs casualty in accident cases. In simpler terms, the principle takes into account the actions of involved parties that may have contributed to the accident when determining liability. Comparative negligence can be divided into three further categories:

1. Pure Comparative Negligence: According to this model of negligence, the plaintiff can recover damages even if they are majorly responsible for the accident. 
2. Modified Comparative Negligence: Unlike pure comparative negligence, this model disallows victims to recover damages if they are assigned blame beyond a certain percentage. 50% and 51% are two bar rules commonly used to determine liability. Depending on different states, victims who are assigned blame more than the abovementioned percentage cannot recover damages for an accident. 
3. Slight/Gross Negligence: South Dakota is the only state that follows this model of comparative negligence. Here, any contribution to the accident can be used to assign fault. Much like the percentages, the degree of contribution can influence the total compensation. 

Contributory Negligence:

Contributory negligence places more attention on the plaintiff’s failure to exercise reasonable care for their safety. While comparative negligence assigns financial responsibility to involved parties, contributory negligence reduces their compensation. If a victim’s negligence is found to increase the chances of an accident, their compensation can be reduced or even denied.    

Weather and Road Conditions:

Weather conditions are vital factors that are considered when determining liability in a car accident. However, this does not mean the driver is not held accountable for the accident. Depending on the weather and road conditions, drivers are expected to take reasonable care to avoid accidents. 

Mechanical Problems:

If your accident is caused by mechanical issues, you can skip liability in specific scenarios. Car accident claims caused by mechanical issues or faulty parts take into account the role of the manufacturer and mechanic in the accident. This means if the vehicle owner had consulted a mechanic, they might not have been held responsible for the crash. The mechanic, the auto repair company, or the product manufacturer and their role would eventually impact liability. 

Other Factors:

Since liability is closely linked to the nature of the accident, all factors that can influence fault cannot be determined. However, negligence, reckless behavior, and intentional misconduct are foundational theories that often determine liability. Here are some factors that can influence liability in a car accident:

• Location of the car
• Loss of control of the car
• The direction of the moving vehicles
• Speed of each car
• Reckless behavior like texting while driving
• Adherence to traffic laws and guidelines
• Police report
• Previous ticket history of involved parties

Final Thoughts:

It is common for victims with severe injuries to neglect the role of liability in receiving compensation. Not only can liability directly impact the compensation, but it can also influence your insurance coverage. If you have been in a car accident, seek legal assistance to put your best foot forward.