This was a recent post in aavo.com. We think that it is very useful information for our clents and readers.

” Fault and liability refer to responsibility for an accident and the obligation to make amends for damages caused. The person who caused the accident is at fault and is liable for any resulting injuries or property damage.

Typically, a person is at fault due to:

• Negligence: carelessly or unthinkingly doing something that may cause harm.
• Recklessness: willfully doing something that you know is likely to cause harm.

Types of Fault

Fault is often one of the largest factors affecting your ability to collect damages. A few states have no-fault rules, meaning that insurers pay their own clients’ damages, regardless of who caused the accident.

Most states take into account the amount of fault shared by each person and limit the amount of damages you can collect depending on how much you contributed to the accident. States take one of three approaches:

1. Pure Contributory Negligence: If your actions played any part in causing the accident, you cannot collect damages, even if the other party was 99% responsible.
   • States following this rule: Maryland, Virginia, North Carolina, Alabama and the District of Columbia.
2. Pure Comparative Fault: You are always entitled to compensation for damages, although it may be reduced by a percentage equal to your share of the fault.
   • Comparative fault states: New York, Rhode Island, Kentucky, Mississippi, Louisiana, Florida, California, Missouri, New Mexico, Arizona, South Dakota, Washington and Alaska.
3. Proportional Comparative Fault:The person most at fault is not entitled to any compensation, while the person with less responsibility may receive damages based on share of fault. There are two versions:
   • 50%Proportional Comparative Fault: Eligibility for compensation ends at 50% fault, so if the parties are equally to blame, neither can collect damages.
     • 50% rule states: Maine, West Virginia, Georgia, Tennessee, Arkansas, Kansas, Oklahoma, Nebraska, Colorado, North Dakota, Idaho and Utah.
   • 51%Proportional Comparative Fault: The eligibility cutoff is 51% fault. If both parties share blame equally, both are eligible for damages.
     • 51% rule states: New Hampshire, Vermont, Massachusetts, Connecticut, New Jersey, Delaware, Pennsylvania, South Carolina, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, Montana, Wyoming, Nevada, Oregon, Texas and Hawaii.

How is Fault Determined

In most car accidents, determining fault is more complicated than looking at which car hit the other. Insurers and lawyers will look at police reports to see if officers mention negligence or issuing citations. Citations do not prove fault but can lend support to other evidence.

Reliable witness statements can help sort out the sequence of events leading to the crash, and finding specific rules in the state vehicle code that a driver violated can also help assign fault. The final determination of fault is usually somewhat subjective.

Two types of accidents where fault is almost always clear:

• Rear-end Crashes: If you hit the car in front of you, you are at fault because you did follow the safe driving rule that requires leaving enough room between the cars to be able to stop safely. You may share the blame if, for example, the car you hit did not have working brake lights or if someone pushed you into it.
• Left Turn Crashes: If you are hit making a left turn, it is almost always because you tried to make an unsafe turn, making the accident your fault. Rare exceptions might be if the other person was speeding or ran a red light. However, you should normally see this behavior and wait before turning.

Driving safely can both reduce your chances of being in an accident and help you avoid liability if one does happen.”

Keeping our young drivers safe

In this week’s blog we would like to focus or attention on the younger drivers. Many of our personal injury cases have involved younger and less experienced drivers. It is the goal of our attorneys at The Firm to not only provide our clients with the most agressive and competent representation, but also to protect and educate our clients at all times.

To gather the information for this topic our attorneys at The Firm consulted the website of University of North Carolina Highway Safety Research Center.

Here is what their research has revealed:

“Why are young drivers at a greater risk?

Inexperience

The majority of novice drivers do not have sufficient practical experience to handle the complex task of driving when they are first licensed. Standard driver education courses are only able to provide a minuscule amount of driving practice – not even enough for novice drivers to become minimally competent, much less proficient. A substantial amount of actual driving practice, in a variety of situations, is necessary before proficiency can be developed.

Although additional research is needed to determine how much driving experience is “enough,” there is some indication that individuals continue to improve for at least two years. Crash rates are extremely high in the first months of driving. Those decline sharply over the first several months, but continue declining for many more. One study found a statistically reliable decrease in crash rates among teens who amassed an average of about 110 hours of supervised driving practice before obtaining a license.

Impulsiveness

By virtue of their continuing cognitive, social, emotion and biological development, young drivers – especially 16-year-olds – tend to engage in impulsive behaviors. When driving, these can be dangerous. Lack of driving experience contributes to young drivers’ inability to consistently recognize the conditions that are risky when driving. The presence of other teen occupants in the vehicle with a young driver often compounds the tendency to engage in impulsive behaviors.

Some research indicates that young drivers are more easily distracted than experienced drivers. This is particularly problematic since less experienced drivers are not yet equipped to deal effectively with the multiple cognitive activities involved in driving even without the interference of distractions that divert their attention.

Exposure

Teenage drivers do a greater proportion of their driving in risky conditions. In particular, they drive more frequently at night and with multiple passengers. Both of these substantially increase the likelihood of a crash.

The risk of a serious or fatal crash increases sharply in the evening hours (well before midnight). Although the risk is even higher after midnight, young teens do relatively little of their driving that late. Consequently the vast majority (more than 80%) of nighttime crashes among 16- and 17- year-old drivers occur between the hours of 9 p.m. and midnight. Because of this high risk, many states do not allow young drivers to drive at night for the first six months after obtaining a license.

Both developmental factors and the life conditions of young teen drivers – with much travel associated with school and school-related events – result in a tendency to carry more passengers than older drivers. Driving with passengers is particularly dangerous for inexperienced drivers. The risk of a serious or fatal crash increases dramatically with the number of young passengers in the vehicle. For this reason, in many states young beginning drivers are not allowed to carry more than a single young passenger during their first six months driving.”

If you have any questions and/or comments about this topic or any legal matters please don’t hesitate to call  702-222-3476  and speak with one of our highly experienced and knowledgeable attorneys at The Firm.