Sentences with phrase «reasonable driver fault»

Not exact matches

Doing this will also help to defend against any argument that the Motor Vehicle Accident Claims Fund may make that you failed to take reasonable steps to ascertain the identity of the at - fault driver.

As a side note, after your lawyer obtains proof that the other driver caused your injuries, oftentimes the insurance lawyers admit their client's fault only to look reasonable in front of an unsuspecting jury.

You have a negligence claim in a «fault» state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road.

Contributory negligence refers to the situation in which a driver is deemed to be partially at fault for a collision due to their failure to exercise reasonable care while driving.

Under this doctrine, the judge in any rear - end accident claim will assume the rear driver is at fault unless the rear driver presents evidence supporting a reasonable explanation of why he or she was not negligent.

With few exceptions, fault for falling asleep at the wheel is always attributed to the driver because it is the most obvious breach of a legal duty to exercise reasonable care.

A knowledgeable car accident attorney can prove negligence in your head - on collision case by gathering enough evidence to cast a reasonable level of fault on the other driver, making them legally responsible for your financial injuries and damages.

The at ‑ fault driver's insurance company should consider these damages when arriving at a fair and reasonable settlement.

Shea says the evidence in the case clearly showed that the other driver was 100 percent at fault and admitted liability in the case, but the insurance companies for that driver refused to pay what he says was a very reasonable settlement.

Adding to this site's database of ICBC Unidentified Motorist prosecutions, reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, finding that the Summary Judgement rule can not be used to determine if a plaintiff made all reasonable efforts to identify the at fault driver which is a prerequisite to a successful unidentified motorist prosecution.

No - Fault, also called Personal Injury Protection (PIP), is designed to pay promptly, regardless of who is at fault or whether there was any negligence, for economic losses (meaning medical / health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained), up to $ 50,000 per person («basic No - Fault coverage»), to the driver and all passengers injured in your car as well as any pedestrians injured by your car, because of its use or operation in New York State.