Contributory Negligence in a Motor Vehicle Accident

If you have been involved in an auto accident, there is a possibility that the accident was entirely the other persons fault, or that you played some role in the incident as well. The legal term for this is called "contributory negligence" which means that both drivers involved in the accident are at fault in some level. However, this is often used as an act of defense in a lawsuit for liability, in order to protect the other driver from being held responsible. For example, perhaps you were a motorcycle who collided with a van. You were legally traveling (at the speed limit) straight when the van made an illegal left turn. You crashed into the van, completely totaling your motorcycle and severely injurying your knee; they only have a busted window in the back.

While you are absolutely positive that there is nothing you could have done to avoid the collision, and that the van illegally made a left turn in front of you, they are trying to say that you were somehow also responsible for the accident. At this point you will want to contact a Shreveport injury attorney in order to not only help you fight for compensation for your injury, but also to prove the negligence rested with the other vehicle.

Depending on the state, laws vary for contributory negligence. In some states, as long as the other party is deemed as being more response for the incident, you are still able to receive compensation; however, other states will state that if you are in any way proved liable (even 10%) then you may lose the option of recovering damages from the accident. Contacting an experienced injury lawyer is absolutely crucial to protecting your rights. Whether you were involved in a motorcycle accident, car or trucking accident, contacting an attorney immediately is your best chance to proving your claim. Contact Simmons, Morris & Carroll, today for more information!

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.