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

Not exact matches

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 ``.

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.

However, the amount of recovery will be reduced by the proportion of the plaintiff's negligence — for example, if you are awarded $ 100,000 but deemed to be 30 percent at fault for your accident, you would only receive $ 70,000.

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.

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.

Madam Justice Griffin ruled that the Plaintiff was 75 % at fault for the accident and the motorist was 25 % at fault.

In a disputed liability case, the testimony of a lay witness can be helpful to the plaintiff in proving who was at fault for the accident.

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.

If a plaintiff were found to be partially at fault for causing their accident, then their compensation would be decreased by their corresponding percentage of fault.

For instance, if a car accident causes the plaintiff to suffer $ 100,000 in damages, he or she can still file the lawsuit even if that motorist is deemed to have been 55 percent at fault.

In car accident cases, the plaintiff must show that the other driver was at fault for causing the collision by using the theory of negligence.

The primary issue was ICBC's determination that the plaintiff was wholly at fault for the accident and the plaintiff's increased insurance premiums.