On behalf of Restovich Braun & Associates posted in car accidents on Thursday, August 4, 2016.
If you opt to seek compensation after a car accident, fault and liability might come into question. You should make sure that you understand what these terms mean so that you can find out how they might affect your case. In some cases, fault might not be what is considered when determining liability. Instead, motor vehicle statutes might be what comes into the picture.
What is fault?
Fault is usually determined using the common law system, which takes four basic levels of fault into consideration. These are strict liability, negligence, intentional misconduct and recklessness. While fault is still used as a partial basis for determining who is liable for an accident, violations of the motor vehicle law also come into the picture.
What role do violations play?
Violations of motor vehicle statutes can be used to establish fault. For example, if a car runs a red light or stop sign, that might be enough to determine fault because the driver violated the statute the required them to stop at the traffic control device.
How does all of this determine liability?
Liability is determined based on fault. It is possible for more than one person to be at fault for a car crash. When this occurs, each person who is at fault will be assigned a specific part of the liability, which is based on percentages. The percentage can impact claims for compensation.
You should understand how all of this applies to your case based on the facts. Then you can decide how to proceed, with the advice of your Minnesota attorney..