Car Accident Liability & Lawsuit Funding
In the United States if you are a legal resident and meet the minimum age requirement you can obtain a driver’s license to operate a motor vehicle. A person will be required to pass a driver’s test before they are qualified to hold a driver’s license. A teenager that is under the minimum age requirement may qualify to hold a learners permit or restricted license. These requirements are different in many states.
In all 50 states including the District of Columbia if a person is careless, negligent, reckless or causes an accident intentionally they may be liable for damages. This includes talking on a handheld cell phone, texting while driving, driving under the influence and speeding.
Car Accident Liability
When determining liability an attorney will look at various components of an accident. By reviewing police reports, witness statements, testimonials, pictures and other critical evidence it may or may not be immediately evident who was liable. The attorney and insurance adjuster may or may not be able to establish which party is liable for damages right away. If both parties argue the other party was at fault for an accident a further evaluation of evidence will play an important factor in making the determination of liability.
Auto Insurance Liability
To protect other motorists most states require a driver to hold minimum coverage. If a person is caught driving without insurance they may be penalized. Penalties vary from state to state. If you are uninsured your tags can be seized and your vehicle impounded.
If a person causing the accident carries minimum or no liability insurance at all (underinsured or no insurance), they can be personally held responsible for the damages. If a person carries a maximum policy for $100,000 and the damages exceed the policy limit, the driver causing the accident may be held liable for those damages that exceed the policy limit. If a person causing the accident carries no insurance, they will be responsible for all damages. There are dozens of auto insurers and each may provide different limits and coverage’s. It is important that you fully understand the type of policy and limits of your auto insurance.
A few examples of different types of policies include:
- Bodily injury liability
- Property liability coverage
- Medical payments, no-fault or personal injury
- Comprehensive physical damage
- Collision coverage
- Uninsured/Underinsured Motorist (UM/UIM)
State Laws
The laws that govern our roads and highways are dictated by each state. The state laws of how a driver operates their vehicle will be enforced by statutes. These statutes are written laws that are passed by a legislative body. When a driver operates a vehicle they must abide by these statutes. A violation of any of these statutes generally creates a presumption of negligence. Fault in an accident may be established by citing a statute has been broken. By proving the other driver was negligent because they violated a statute, will presume the driver should be liable for damages.
When establishing how an accident was caused there are several factors that will be evaluated. Negligence is defined as the carelessness of another. If a person fails to yield at a stop sign and causes an accident it would probably be deemed as negligent. Wonton conduct or intentional misconduct refers to an act of disregard to another individual’s safety. A person that caused an accident has knowledge of impending danger prior to the accident. Strict liability may be imposed for accidents resulting in product liability or hazardous activities such as transporting explosive chemicals.
Contributory Negligence: A person can’t sue another driver for injuries or damages if they contributed to an accident. There are only a few states that have maintained the common law defense of contributory negligence.
Comparative Negligence: Comparative negligence allows an individual to sue another motorist regardless if they contributed to the accident or not. The compensation awarded is typically reduced by a percentage of who was at fault. For example, if it was determined by a judge or jury you were 80% at fault, you will likely be awarded 20% of the damages. If the other driver was 80% at fault you would likely recover 80% of the damages.
No-Fault Liability: In those states that follow a no fault liability for negligence, each person’s insurance company will pay their policyholders for injuries, regardless of who caused the accident. You should not confuse No-fault insurance with collision coverage. This is because No-fault insurance liability coverage does not cover damages to the automobile,
You can access your state laws by contacting your local or state bar association or local motor vehicle department.
Auto Accident Liability & Lawsuit Funding
We have hundreds of clients that apply for lawsuit funding each month that are going through the stages of figuring out who is liable for an accident. We offer our clients lawsuit cash advances and settlement loans against pending accident claims. If you are currently evaluating pre settlement funding or post settlement funding against your legal claim, we can help.
Some of the Different Types of Motor Vehicle Accidents:
LawLeaf provides litigation financing throughout the United States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia D.C.
A person applying for lawsuit funding must always be represented by an attorney in order to get approved.
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