Car Accident Negligence Doctrines
After an auto accident, a person may want to pursue legal action against the person or party that caused the incident. This can be a complex process in many different situations. This complexity is due to the differences in laws regarding negligence lawsuits. A person injured in an accident may not be permitted to take legal action depending on their share of fault for that incident.
If you have been injured in an automotive accident, it is important to discuss your rights to determine if you are eligible for financial compensation. Contact the knowledgeable Waukesha auto accident lawyers of Habush Habush & Rottier S.C. at 800-242-2874 to learn more about your options from an experienced legal advisor.
Negligence in the United States
Before any compensation amounts can be awarded to a claimant, a court needs to first decide the level of responsibility each party holds in the case. The percentage is used to determine whether a case is legally allowed according to the state doctrine on negligence.
The there are several major doctrines in the United States based on the level of fault that the injured party has in the accident. These doctrines include:
- Contributory negligence – this prevents anyone at fault in an accident to sue
- Pure comparative negligence – this allows a person to sue only for what they were not responsible for in the accident
- Modified comparative negligence – in which a person cannot sue if their fault was greater than the other party, or 51% fault
- Modified comparative negligence – in which a person cannot sue if their fault was as great as the other party, or 50% fault
The state of Wisconsin follows the modified comparative 51% fault rule, meaning that a person may still pursue legal action up to the point of blame being shared by both parties. Any greater percentage of fault disallows a lawsuit for that individual.
If you or someone you love has been injured in a car accident, we may be able to assist you. For more information regarding your legal options, contact the Waukesha car accident attorneys of Habush Habush & Rottier S.C. today by calling 800-242-2874.