LIABILITY & FAULT
11 legal terms in this category, with plain-English definitions and real-world car accident examples.
Assumption of Risk
A legal defense arguing that you knowingly accepted a dangerous situation, which may reduce or eliminate the other party's liability.
You accept a ride from a visibly intoxicated friend. The defense argues you assumed the risk of injury by getting in the car, which could reduce your compensation.
Breach of Duty
When a driver fails to act with the level of care that a reasonable person would in the same situation. This is a key element in proving negligence.
A driver who is texting while driving and rear-ends you at a red light has breached their duty of care to drive attentively.
Causation
The legal requirement to prove that the other driver's actions directly caused your injuries. Without causation, there is no valid claim.
You must show that the drunk driver running the red light actually caused your neck injury, not that the pain was from a fall you had the week before.
Comparative Fault Threshold
The maximum percentage of fault you can have and still recover damages. Some states bar recovery at 50%, others at 51%, and some have no threshold at all.
In a 51% bar state, if you're found 51% at fault for the accident, you get nothing. At 50% fault, you can still recover half your damages.
Comparative Negligence
A legal rule that reduces your compensation by the percentage you're found at fault for the accident. Used in most states to divide responsibility between drivers.
You were speeding 10 over when another driver ran a red light and hit you. The jury finds you 20% at fault, reducing your $100,000 award to $80,000.
Contributory Negligence
A harsh legal rule used in a few states where if you are even 1% at fault for the accident, you cannot recover any compensation at all.
In Virginia (a contributory negligence state), if you were slightly speeding when another driver T-boned you, you could be barred from recovering anything.
Duty of Care
The legal obligation every driver has to operate their vehicle safely and avoid causing harm to others on the road.
Every driver has a duty of care to obey speed limits, stop at red lights, and pay attention to the road. A driver who checks their phone while driving violates this duty.
Joint and Several Liability
A rule that allows you to collect the full amount of your damages from any one of multiple at-fault parties, even if that party was only partially responsible.
Two drivers cause a pile-up that injures you. One is 80% at fault and the other 20%. If the 80% driver has no insurance, you can pursue the full amount from the 20% driver.
Liability
Legal responsibility for causing an accident and the resulting injuries or damages. The person with liability is the one who must pay compensation.
A driver who runs a stop sign and crashes into your car has liability for the accident and is responsible for your medical bills, car repairs, and other losses.
Negligence
The failure to exercise reasonable care while driving, resulting in harm to another person. It's the foundation of most car accident injury claims.
A driver who is following too closely and rear-ends you at a stoplight is negligent because a reasonable driver would have maintained a safe following distance.
Proximate Cause
The primary or direct cause of your injuries. To win your case, you must prove that the other driver's actions were the proximate cause of your harm, not some unrelated event.
The other driver ran a red light (proximate cause), which caused the collision, which caused your broken arm. The chain of causation is clear and direct.
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