State Accident Law

This analysis will tell you what you need to prove.

You must determine what the State Accident Law where you live before you consider fault. This analysis will tell you what you need to prove.

Attorneys use State Law as a defense. They look at all the factors of negligence first, and then they decide if the State regulations could diminish their client�s responsibility for the accident (this is how they are taught in law school).

Adjusters or insurance companies approach the accident the opposite way. They look at State Accident Law before they determine fault.

Why? Because if you approach the accident this way you are looking for a target, something you have to prove. For example, South Dakota has an State Accident Law that is very similar to the concept of Contributory Negligence (it will be explained below).

In South Dakota, SLIGHT NEGLIGENCE BARS RECOVERY. So if you and I get in an accident. Let us say I blow the stop sign and you do not see me until it is too late.

My adjuster will argue to that your failure to see me was slight negligence, therefore barring you from any recovery for you damages. Note that we are talking about property damages and injury damages. The dispute is more or less, what constitutes �slight� negligence.

In the example above, adjusters know that the best way to approach the accident above is to prove slight negligence somewhere, so the put all their investigation efforts to show that.

An attorney sees all the negligence first makes a decision of who she thinks is more negligent and then looks at State Accident Law for defenses.

Each State has their State Accident Law that modifies the way negligence or fault is compensated.

The Negligence analysis does not change; this is the analysis that case law in the United States has established. However, once there is negligence, states are free to decide how to handle the compensation system.

There are three main systems or frame works that states follow. Make sure you know which one your state follows and what State Accident Law changes exists. This can dramatically change the way your claim is handled and decided.

Learn how to dispute your citation with thetraffic ticket eBook

If you want to be kept up-to-date regarding state accident law, please sign up for my E-Zine, This topic will be addressed periodically.

Contributory Negligence

The only state that follow this State Accident Law patter is South Dakota, unless your contribution to the accident raises to the level of Assumption of the risk.

When the person going after you own lack of care contributed to the accident then there could be a bar on recovery. This theory is often equated to �Assumption of the Risk�.

If you are following a truck, and you try to negligently pass it, a collision and expiation ensues, then you could be considered contributory negligent, barring your recovery. You assumed the risk when you tried to passed it negligently. Few states follow this State Law.

If the police shows up and gives you a ticket, then you need to dispute it. Read thespeeding ticket eBook or the traffic ticket eBook to get your citation dismiss.

Pure Comparative Negligence

Under this system, state accident law will reduce the amount you can recover by the amount of negligence you caused.

Let�s say that you are 50% negligent for the accident. You will have to pay for 50% of damages and you will be entitled to recover for 50% of your damages.

This sound silly, why would you want to pay 50% to get 50%. Well, your damages might be a lot more than the other persons. If you damages are $10,000 and the other persons are $2,000.

You must pay $1,000 (50% of $2,000), and you are entitled to receive $5,000 (50% of $10,000). Remember that payment for your injuries and damages is a function of percentage of negligence + monetary value of those damages.

Modified Comparative Negligence

This category is subdivided into two: as great as and greater than. You need to know the exact division of your State Accident Law.

As great as:

As great as comparative negligence: if your negligence is as great as someone else, then you are entitled to recovery. So if there is a 50% split, you both recover.

How is this different from Pure Comparative negligence? If there are three vehicles, you can only recover from people that have the same amount of liability that you do or more. If there is a split decision of 30%, 20%, and 50%.

The 50% party would have to pay to both parties for 50% of their damages. The 30% party can recover against 50% of his damages against 50% at fault party, but would be barred to recover from the 20% because that party did not have negligence as great as her.

Greater than:

In these jurisdictions you can only recover against people that greater negligence than you do. In a situation where there is a 50% split, no one can recover against each other because no negligence was greater than the other party.

This means that the adjuster will try to prove that you were 51% negligent, that way he can seek some recovery from you.

Even with State Accident Law being different in every state, there must be property damage or injuries to be paid by an insurance company. Read more about property damage.

Enter your search termsSubmit search form

Web www.auto-insurance-claim-advice.com