Determining Legal Liability: The Rule of Carelessness
In almost any accident, fault hinges on who acted the most careless. This “rule of carelessness” is often the determining factor for settlements when it comes to awarding damages and other forms of compensation. Other considerations for determining who was at fault may include:
- Whether or not the injured party was somewhere they should not have been
- Whether the person who caused the accident had no “duty” to be liable for the injured person
- Comparative negligence is also considered where the injured person’s damages may be reduced because they were also liable for causing the accident.
- If a person displays negligence while working for someone else, the employer can be held negligible
While there are always two sides to every story, determining who has acted carelessly or in a negligent manner could mean the difference between receiving compensation for your pain and suffering or not. To inquire further about building your personal injury case, contact the McAllen personal injury attorneys at the J. Gonzalez Law Firm, P.L.L.C., at 956-630-6700.