Sentences with phrase «defendant was at fault for the accident»

Unlike criminal cases, the burden is on the plaintiff to establish by a preponderance of the evidence that the defendant was at fault for the accident.

Establishing that a defendant was at fault for an accident is a meaningless exercise unless there is something to be obtained as a result.

Not exact matches

In Codner v. Goss, the defendant driver rear - ended a vehicle, but their defense was that they suffered a blackout and were not at fault for the car accident.

Massachusetts has a modified comparative negligence statute whereby you must prove that the defendant or defendants were at least 51 % at fault for your accident or you will not recover anything.

RCW 4.22.070 (1)(b) provides that you can then collect all damages awarded to you from any defendant found to be partially at fault for the accident, regardless of the percentage of fault attributable to any other defendant.

The Defendant admitted fault for the crash but denied liability to the Plaintiff claiming that the Plaintiff «was not present in the vehicle at the time of the accident ``.

This information was important in convincing the defendant's insurance company that they should change their position that the defendant was not at fault for the accident.

The trial court agreed with the plaintiff, ruling that there was no issue for the jury to decide with regard to liability, and that the defendant was 100 % at fault for the accident.

Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash.

So in a pure uninsured motorist case where the other driver either can not be identified (hit - and - run or phantom vehicle are the most prominent examples) or has no insurance, your own insurance company essentially steps in the shoes of the defendant, assuming the at - fault driver's liability for the accident but also his damages.

This is true for situations like the present case, where the at - fault party died at the time of the accident, or for times when a defendant dies before a personal injury case is finalized.

What if there is more than one defendant, or you are partly at fault for the accident?

Therefore, as in other negligence claims, in wrongful death claims, the plaintiff must prove that the defendant is legally at fault for the accident and that the accident was the proximate cause of the injury or death.

The Defendant argued that the Plaintiff was partially at fault for the accident for wearing dark clothing, not having a flashlight and not wearing a reflective traffic vest.

In this case the court held that both the Plaintiff and Defendant were 50 % at fault for the accident.

In the case of Beavers v. Victorian, the United States District Court for the Western District of Oklahoma rejected the defendants» arguments that a motor carrier could not be held liable for negligently hiring an «independent contractor» that was at fault for injuries sustained in a semi truck accident.