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How do you establish fault in a car accident? Typically, you would blame the driver. This person was responsible for the safe operation of the vehicle, and thus is the one to blame in an accident. What if the drivers of two cars colliding were both drunk?
The law is very complicated – it must be this way to sufficiently cover the diverse human nature! However, Birmingham car accident lawyer organizations deal with this reality by relying on the state’s “Contributory Negligence” Policy. Under this legal doctrine, if a plaintiff is found to have contributed in any way to the accident, they may be barred from recovering any compensation. Here’s how it impacts accident claims…
Limitation of Compensation
One of the most profound effects of Birmingham’s contributory negligence policy is the limitation on compensation. Unlike comparative negligence systems, where damages are apportioned based on the degree of fault, contributory negligence denies any recovery if the plaintiff is even minimally at fault. This can be devastating for accident victims who might have been hoping to receive financial relief for medical expenses, lost wages, and other damages.
Apportionment of Liability
The concept of apportionment of liability under contributory negligence is starkly different compared to more lenient systems. In Birmingham, even a minor fault can lead to a complete dismissal of the claim. For instance, if a driver was found to be 1% at fault for not signalling a turn, and the other party was 99% at fault for speeding, the injured driver might still receive no compensation.
Impact on Settlement Negotiations
Settlement negotiations in car accident claims are profoundly influenced by the contributory negligence standard. Insurance companies are well-aware of this doctrine and often leverage it to their advantage, pushing for lower settlements by highlighting any potential fault of the plaintiff. This makes it crucial for accident victims to engage attorneys who are adept at negotiating and can counter the insurance companies’ tactics effectively.
Complete Dismissal
Perhaps the most drastic impact of the contributory negligence policy is the potential for complete dismissal of claims. This means that even if a plaintiff has a strong case, any evidence suggesting partial fault can lead to the outright denial of compensation. The stakes are high, making it imperative for plaintiffs to work with attorneys who have a deep understanding of contributory negligence laws and can navigate the complexities of such cases to prevent dismissals.
The law is complicated by design. If you need to successfully navigate this space – especially if you’re looking to gain fair compensation – you need to engage the services of an expert attorney! This will allow you access to professional evidence gathering methods, negotiation and litigation skills, legal expertise, and the required support to gain compensation!
