At the time of most collisions, more than one party plays a role in that tragic occurrence. The insurance company that needs to cover the costs will be the one that sold a policy to the at-fault driver. So, how can any driver produce evidence that the same person should be held responsible for any damage?
In every state and province, drivers have been provided with guidelines, which outline the rules of the road. Consequently, any driver’s actions can be compared to what has been stated in those same guidelines. A pronounced deviation from the printed and posted rules can be pointed to as evidence of a driver’s negligence.
The characteristics of negligence
A negligent driver has exhibited careless and ill-considered behavior. He or she has not demonstrated any willingness to show a duty of care towards others. Drivers that exhibit such behavior should expect to be declared at-fault for any resulting accident.
What more should be shown to the insurance company?
The insurer will want to avoid the possibility of losing a case in court. Hence, the smart plaintiff shows that he or she stands ready to argue the case in a courtroom. That means that the same plaintiff feels fairly confident of winning such a case.
The insurer does not have to be shown that the at-fault driver broke the law, although that can strengthen the plaintiff’s argument. Insurers seek to determine the likely outcome, if the company’s lawyer had to help the defendant present a winning case. If faced with the strong possibility of a loss, the insurer will not fight the charge made by the accident’s victim.
Suppose that the plaintiff was careless; what happens then?
In that instance, the level of the plaintiff’s carelessness gets compared to that of the defendant (the other driver). If the defendant’s carelessness rose to a level that exceeded that of the plaintiff, the plaintiff’s award would be decreased, in line with the degree that the plaintiff had been negligent. In other words, the percent of fault attributed to the plaintiff will usually determine the percent of the award granted to that same driver. Injury Lawyers in Barrie point to such a system when seeking to present a clear example of compensatory negligence.
Suppose that the plaintiff had certain physical limitations; could that fact be used to lower the size of the plaintiff’s award?
No, any driver must exercise a duty of care towards all other drivers, even those with physical limitations. No defendant can pick and choose the characteristics of the victimized driver. Keep that fact in mind, when selecting the attorney that you plan to work with. That is especially true, if you have a pre-existing condition.