Vehicular accidents are unfortunately a common occurrence. Several factors affect the amount of compensation for damages in a car accident. One of the crucial elements is the level of fault of the motorists.
Determining a motorist’s fault is a complicated legal matter that is best handled by experienced motor vehicle accident lawyers in Townsville. There are different levels of fault in vehicular accidents recognised in common law, which will determine the outcome of your case. Read on to learn about them.
This refers to inadvertent conduct or carelessness that results in damage and harm. A motorist can be considered negligent by actively doing something or failing to do something. Not yielding right of way or failure to obey traffic rules are some of the common forms of negligence. Establishing negligence in automobile accidents is at times complex, as more than one motorist might be negligent to some degree.
This is also referred to as wanton conduct and is a level above negligence. It is the wilful disregard for the wellbeing and safety of other road users. Examples of recklessness include drunk driving, aggressive driving, over speeding and changing lanes without warning. It is easy to pinpoint who is at fault in cases involving recklessness.
This involves transport of specific products like explosive chemicals or defective products, such as faulty car parts from negligent manufacturers. This level of fault allows the victim in a car accident to collect damages even without proving the defendant’s intent to cause harm or act negligently. The only thing the plaintiff should prove is that the defendant’s actions caused an accident.
Regardless of the extent of injuries you sustain in an automobile accident, always contact a lawyer. Insurance companies will employ every method to minimise or negate the fault of their insured motorist, causing you to get little or no damages. A lawyer will ensure you get fair compensation.