| |
New York Motor Vehicle Accidents Attorneys Explains Recklessness/Negligence in New York City, New Jersey
Reckless behavior and negligence are common contributors to the millions of motor vehicle accidents that take place each year. Included in the category of negligence are failure to obey traffic signs and laws, and drunk driving. When accidents occur due to negligence, liable parties may be directly or indirectly linked to the occurrence.
Types of Negligence
Negligence in an automobile accident may be classified as comparative or contributory. With comparative negligence, motorists can recover damages for more than their percentage of fault . For example, if a person is found to be 30% responsible, then they may recover the remaining 70%. The allocation of fault allows a person to recoup damages regardless of whether they are partly to blame. The provisions for this type of recovery differ from state to state, however. In some states, if a driver or accident victim is found to be a contributor to the accident, they are not eligible to recover legal damages. Pure contributory negligence is maintained only in a select number of states. Some allow recovery if a victim’s own contribution is below 50%.
Delegated Responsibility
Many states hold automobile owners responsible for accidents that are caused by someone who was using their vehicle. In these cases, the permission to drive or operate that vehicle carries with it an assumption of responsibility--for example, if an employer allows employees to use company cars to carry out job-related functions. Some states also recognize both the owner and operator as responsible parties. Other parties that may be indirectly liable in an accident include manufacturers for automobile defects, as well as government bodies that fail to make highways, streets, and other traffic features safe for drivers. It may be easier to recognize responsibility for accidents in which the actions of a driver are directly linked to the incident. Regardless of who is responsible, a highly qualified attorney can help ensure that legal compensation is awarded to those who are entitled.
|
