Berks County residents know that sometimes, among the parties to a car accident, one has to pay compensation to the other. This is because the law sometimes assigns liability to people involved in car accidents if they are proved to have been negligent. This is similar to many other cases of injury, such as slip-and-fall accidents. It is important for our readers to know about how fault and liability work in the case of car accidents.
The rules of car accident liability are subtly different from the rules of other kinds of liability, such as slip-and-fall accidents. The rules of car accident liability are based on the laws of motor vehicle operation instead of the usual legal rules of negligence. This means that if the plaintiff was violating a driving statute at the time of the accident, the other party's liability could very well be lessened or even eliminated for that reason only. For example, if the victim of a rear-end accident doesn't have car insurance, the party that caused the accident may have to pay less in compensation, or even no compensation.
One of the elements of a negligence case is causation. The plaintiff must prove that the defendant's bad act caused the harm alleged. The plaintiff must show that, but for the defendant's bad act, the harm would not have occurred. The plaintiff must also show that it would be fair to assign liability to the defendant.
In complex, multiple-vehicle car accidents, more than one party may be at fault. This can affect whether a party is liable, how much they must pay if they are liable and how much they can receive if they are not liable.