How is negligence determined in an auto accident case?Return to FAQ Videos
Well, negligence is determined by the people reviewing it, which may be an insurance company in your counsel. It may be a mediator at a mediation, or it may be a judge or jury later on. What happens in these cases, typically, there’s an accident and a ticket is issued. That would suggest who’s at fault and you do have our laws which require that everybody act in a fashion which is reasonable. In other words, if someone’s not acting in a reasonable way, they are arguably negligent.
People, the professionals that handle these cases, they have a very good idea who’s liable in every case and if there’s an argument for it or against it, it is made at that time. That’s why it’s a good idea to get competent counsel, collect your evidence, get your experts lined up so you can prove liability and who’s responsible for your client’s injuries.