Who is at fault? If you have been in an accident and it’s all very confusing, this question will undoubtedly cross your mind. This is the question to which all our clients here in Sacramento want to know the answer when they call our firm’s law offices. At its most basic level, who is at fault can be determined by common law which looks at four different and specific aspects: negligence, recklessness, intentional misconduct, and strict liability. And information on which of these topics is key! It may help you get the compensation you deserve.
So what are all these terms, you ask? I know that many of us have heard terms such as negligence and recklessness before, but what does it mean for you and your accident? What are the legal implications and how do you actually determine how any of these situations happened in an accident?
If the driver of the vehicle is being negligent it means that they are not being careful and this carelessness causes an accident or injury. In other words, they are neglecting their responsibilities as a driver. Being a reckless driver is willfully disregarding the safety of others. “Reckless driving” for example has been used to describe someone driving 25 mph over the speed limit. Intentional misconduct is just as it sounds, willfully causing damage or injury. Finally, strict liability is when fault is attributed to the manufacturer or seller of a defective product whether negligence is found or not.
As you can see, situations differ according to the exact circumstances. Legally, it is vital to know where you stand, if you had an accident. If you feel that someone has committed one of these four acts in an accident you or someone you know has been in, please give us a call at the Law Offices of Moseley Collins. We can help!