When an accident occurs, both parties immediately look to blame the person who was at-fault for the incident. However, many accident cases are not black and white. As a result, it must be determined which people were at fault and what portion of the fault should be placed upon them to reflect the level of accident responsibility.
Contributory negligence refers to the common-law power in the defense to an assertion based on the action in tort law known as negligence. In these situations, both the claimant and the plaintiff have contributed some form of harm that was suffered by another. The negligence that caused this harm is determined based on a variety of factors.
When a person is involved in an accident where contributory negligence must be calculated, it is imperative to take advantage of the advice, experience, and knowledge of a Palm Beach accident attorney. Due to the fact that “pure contributory negligence” does not exist in Florida, hiring an experienced personal injury law firm is essential to successfully navigating this complex litigation process.
To learn more about contributory negligence, complete a Free Case Evaluation form today.
When an accident occurs, the person at fault is not always cut and dry. In many cases, the accident occurred because of the negligence of both parties. Even if the contributed negligence is slight, any negligent acts may be considered a reasonable action for fault. In a straightforward case, where one person is clearly at-fault, the negligent party is generally responsible for paying for all of the damages associated with the accident.
In a case where both parties exercised any bit of negligence, the damages to be paid are distributed amongst both parties. After hearing the facts of the case, the judge or jury then determines how to allocate the percentage or amount of damages that each party’s negligence caused. In general, this distribution directly correlates with the monetary damages awarded.
In order to put “contributory negligence” in perspective, below are a few examples:
A pedestrian is hit when crossing the road, but they had forgotten to look both ways prior to crossing
Two drivers collide, one of which ran a red light, the other of which made an illegal turn
A speeding vehicle is driving at night and hits another car whose headlights were not turned on
The above situations all exemplify a type of situation where both parties contributed to the accident based upon some level of negligence. Each case is reviewed to determine the allocation of fault. However, in cases where both negligent parties contributed equally to the accident, judges and juries generally require each accident victim to pay for their own damages. The current doctrine states that if the injured party is even 1 percent at fault in an accident, they can possibly be left without compensation.
While many people view this as an unfair method of determining fault, contributory negligence must be established in order to justify who pays for what damages. In these kinds of accident cases, legal representation is critical. A Palm Beach accident attorney of Gordon & Doner will dedicate the time and resources necessary to guide you through every phase of the legal proceedings.
For a better understanding, please fill out a Free Case Evaluation form on this page.
Types of Negligence
When proving negligence, the plaintiff must concentrate on a number of factors that must be present in order for the judge or jury to determine who is at fault. The legal counsel will prove this using the following factors:
A duty of care was owed to the plaintiff by the defendant
The defendant neglected to adhere to this duty
The plaintiff suffered injury due to the defendant’s violation
The defendant’s action or inaction that caused the injury was reasonably foreseeable
Keeping this in mind, a Palm Beach accident attorney will get to know you and your case. After getting all of the facts arranged, he/she will develop an action plan to prove that the defendant’s negligence contributed to the injuries that the plaintiff has suffered.
The following are the different kinds of negligent actions:
Children and Negligence
Mixed Contributory and Comparative Negligence
Injuries suffered after an accident must be proved to be a direct result of the defendant’s negligence. While many accident victims feel that this is an obvious decision, legal representation is imperative to successfully proving who was at fault in a personal injury claim . Gordon & Doner has represented hundreds of plaintiffs in personal injury cases and we are prepared to take on your case today.
Contact an Accident Attorney Now
When the carelessness of another person causes injury to you and your loved ones, the at-fault party must be held accountable for the damages that they cause. Accident victims often make the mistake of believing that they judge or jury will automatically understand and accept their viewpoint. Unfortunately, many defendants use contributory negligence to get out of paying the damages that they owe to the injured party.
At Gordon & Doner, we take our role in the community seriously. When a Florida resident is injured due to another person’s negligence or disregard of the law, we will fight hard to demand that these people pay. With years of experience and professional resources, our staff is able to build a case pursues the justice for the injured.
To speak with a Palm Beach accident attorney, fill out a Free Case Evaluation today.