Kenneth S. Nugent, P.C., a law firm based in Atlanta, GA, has explained the difficulty of determining liability for personal injury accidents. In a recent post on their website, the firm pointed out that determining who is “at fault” for a certain accident is challenging. This is because it requires sufficient knowledge on the various factors involved before determining who was negligent. While it may seem obvious as to who is at fault, this is not sufficient for a court of law. There should be clear-cut proof to show which individual is legally liable.
A car or motor vehicle accident usually occurs because at least one party was careless or reckless. The general rule is that the person who is determined to be less careful in the car accident is the one to be held liable. In case both parties have been reckless, a certain percentage will be assigned to each party to specify how the damages will be divided between them. To find out the legal liability between the two individuals who got involved in a car accident, the law specifies that a rule of carelessness be used.
The first rule is to determine whether or not the injured party was in the right place based on their legal right on the road and whether that person has been breaking the law in another way, such as texting while driving. Such factors play an important role in determining who is legally liable. In this particular case, the individual who caused the accident will not be regarded as liable because they weren’t responsible for the other party not taking care of themselves while driving.
Another rule to take note is when the injured party was reckless or careless but they were not as reckless as the other party. This implies that they were less than 50 percent liable for the car accident as determined by the law. In this particular case, they will need to pay that amount in damages. The idea is comparative negligence and determining the level of negligence in terms of percentages. For those instances where a negligent driver caused an accident as an employee, the employer may become involved in the legal process and may also be deemed responsible.
Tim Derrickson, a spokesperson for the law firm, says, “Most of the time, these accidents are due to someone else’s wrongful action - or inaction. One call is all it takes for the experienced legal team at Kenneth S. Nugent, P.C. to help you. With over 350 years of collective experience and offices in Albany, Atlanta, Augusta, Columbus, Duluth, Macon, Savannah and Valdosta, our accident attorneys are ready to start working on your case today. If you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to financial compensations. You have the right to seek a fair settlement for the losses you have experienced through a personal injury case.”
Aside from auto accidents, Kenneth S. Nugent, P.C. is also focused on other practice areas. These include: medical malpractice, wrongful death, workers compensation and workplace injuries, overtime and unpaid wages, insurance bad faith, dangerous products and premises, and nursing home abuse.
Founded in 1989, Ken Nugent’s legal team of personal injury attorneys is special. They are graduates from some of the best universities and colleges in the US and they come from significantly diverse socio-economic and racial backgrounds. They are multi-lingual and have received various awards. They are legal authors for various law school journals and the Georgia State Bar Journal. They are licensed to practice in Georgia, North Carolina, Alabama, Texas, Florida, South Carolina, Tennessee, and West Virginia. They provide a free case review for a personal injury victim to find out if it is really a good idea to file a lawsuit.
When in need of the services of a personal injury attorney, people in Atlanta can visit the Kenneth S. Nugent, P.C. website, or contact them on the telephone or through email. They can go to the client, regardless of the location, within 24 to 48 hours.
SOURCE: Press Advantage [Link]
Kenneth S. Nugent, has law firm offices in Albany, Atlanta, Augusta, Columbus, Duluth, Macon, Savannah and Valdosta in Georgia.
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