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Car Accident Lawsuits Modified comparative negligence The modified comparative negligence rule in lawsuits involving car accidents is a legal principle that allows partial recovery of damages even if the other party was partly at the fault This idea was developed to ensure that the process is equitable for both parties If a person is partly at fault for an accident the court can reduce the amount of their financial compensation to reflect the contribution they made to the accident Pure comparative negligence is used in a few states It is applied to determine which actions were more accountable for the incident In this situation the person could be 50 responsible for an accident but only responsible for 1000 from the other party This is often referred to as the 50 rule The modified comparative negligence rule permits an individual to seek damages from the other driver if they were at fault for the incident Pure comparative negligence doesnt have a similar rule However it allows an individual to seek damages from the insurance company of the other driver company if they were the cause of the accident Pure comparative negligence is a type of negligence that can be found in New York The other driver was unable to stop the collision The evidence from an accident will be used to determine the reason for the incident during the trial The various factors involved will be investigated by lawyers and insurance companies to determine the fault Attorneys and insurance companies may investigate inebriation weather conditions or other factors which could have an impact on the accident These factors could affect the amount of the damages that a plaintiff is entitled to receive from the insurance company Pure contributory negligence Pure contributory negligence in lawsuits involving car accidents is when one or more parties did not exercise reasonable care and attention while operating their vehicles This is easier to prove in some instances than in other cases The percentage of blame each person bears will determine the amount of the recovery For example if the driver was speeding and caused the accident they would only be responsible for a portion of damages whereas a passenger is responsible for the majority of the damages Some courts also apply the 51 percent Rule which is in addition to contributory negligence in pure form This rule states that an injured party is not entitled to damages when they are fifty percent or more at fault They can still collect part of the amount if they are equally responsible In New York contributory negligence is the percentage of fault that the plaintiff bears in the accident In the case of car accident lawsuits the failure of the plaintiff to signal or speed is an example of contributory negligence This could prevent the plaintiff from claiming damages It is essential to talk to an attorney prior to filing an action The law of comparative negligence differs from state to state The majority of states have a modified system of comparative negligence which allows the victim to receive compensation even if they have contributed less than 50 of the fault Certain states have an upper limit of fifty per cent or five percent that is the norm for several jurisdictions Pure contributory negligence is a legal concept recognized by the law in four states and the District of Columbia In a lawsuit for car accidents the plaintiff will receive no compensation if they was at least two percent responsible for the accident By contrast the plaintiff could receive one percent of the total damages if he was ninetynine percent to blame Uninsured motorist coverage There are occasions when coverage for uninsured motorists is required in a car accident lawsuit If the person responsible does not have sufficient insurance the insurance will pay for hospital bills The 50000 minimum doesnt always cover serious injuries A family could end up financially devastated when this happens Uninsured motorist coverage can help reduce the financial burden for the victim and their family When the other driver doesnt have enough insurance to cover the damages you may be able to file a claim against your own insurance for this amount If you dont have insurance for uninsured motorist coverage you can try contacting the drivers insurer to obtain the coverage you require This will help cover the costs of any medical bills and any property damage incurred Your claim must be dealt with sensibly and fairly by the insurance company They might not be acting in your best interests if they contact you in a hostile way An experienced lawyer can assist you file and prepare the claim First inform your insurance company of the accident You may need to request an official statement from the insurance company of the other drivers company In some cases the claims of uninsured motorists are subject to strict deadlines In these instances you might need to file a claim as soon possible In New York the law prohibits the driver of an uninsured vehicle from leaving the scene of an accident This is illegal if anyone is hurt or property damage is substantial If kenner car accident lawyers believe someone else is responsible for an accident its essential to share information with the other driver and call the police immediately If youve been injured or suffered property damage you should remember the make and model of the other vehicle as well as its license plate and contact information You could be entitled to compensation if you have UIM coverage Special verdict A specific verdict is required if you have been involved in a car crash that resulted in injuries The type of verdict you receive is a verdict made based on the facts in the situation A judge may alter the form of the verdict at his discretion The judge is able to alter the form rapidly based on the evidence that has been presented A jury might find that the defendant was 70 or percent at fault for the accident In other cases the jury could find that a plaintiff is not solely at fault for the accident This is called a nofault reduction A plaintiff is still able to get an additional verdict even if they dont have a special defense