When you are involved in an automobile accident or incident, it can often be very difficult to decipher who is to blame. When an injury has occurred, the protocol is to get in touch with your insurance company so that they can look into what happened and where the fault lies. However, unfortunately, you as the driver may not always agree with their findings.
As a driver it is important that you equip yourself with all of the necessary information so that you understand your rights, as well as how fault is determined. This blog will look into the different types of fault in a car accident.
Understanding the differing types of fault
There are four main types of fault that are covered under common law when it comes to car accidents. The first one is arguably the most talked about: negligence. Negligence is not an action that a driver took, but rather an inaction that resulted in an accident. This could be considered a failing of one’s duty on the road.
Recklessness is another type of fault that is broadly defined as a disregard for safety. A reckless driver may be found to be speeding way above the limit or overtake dangerously. Intentional misconduct is similar in the sense that a driver is knowingly ignoring the rules of the road, and therefore acting dangerously.
Strict liability, on the other hand, is not saying that the driver did anything wrong, but, instead, that his or her car caused the accident, perhaps because it was defective.
If you have been involved in an automobile accident and would like legal advice, contact the Quinn Law Firm at 814-806-2518 for a free initial consultation.
Source: FindLaw, “Fault and Liability for Motor Vehicle Accidents,” accessed Feb. 02, 2018