If a claimant decides to file a lawsuit against the defendant, then a jury and judge may be the ones that determine who should be held responsible for the damages caused by a specific accident. Both of them must adhere to the legal rules, regarding who can be named as legally at fault for a given accident.
One rule works best to determine the legal grounds for naming any party as the one at fault.
That rule concerns the actions of both parties. Which party demonstrated a less amount of care towards the opposite party? In a courtroom, evidence that one person was less careful than some person on the opposing side would push the court to declare the less careful person as the one that should be held responsible for any accident-related damages.
Other rules that apply to a legal decision, regarding who should be found at-fault.
Study the location of the claimant at the time of the accident. Was he or she at a logical location? In other words, had he or she moved to a spot that was different from the one where others expected to find that same individual/claimant?
Why would that be considered? Because someone that chose to go into a dangerous area should not have a right to blame someone else for any harm experienced, in that same area. The claimant’s location plays a part in determining the extent to which the alleged defendant should be held liable for the damage-causing accident.
Was the negligent person working for someone else? If that proves to be the case, then Personal Injury Lawyer in Moncton knows that the employer should be held responsible. Employers are supposed to train their employees.
Where did the accident take place? Was it at a work site? Was it at a store or a restaurant? Those are all places that are supposed to put precautions in place, so that no employee or customer gets injured. The absence of such precautionary measures serves as evidence that the employer or the property owner should be held liable for any damages.
Did an accident take place because some purchased item failed to function in the way expected? If that proves to be the case, then the person that made or sold the defective product could be held responsible for any accident-caused damages.
What happens when more than one person has been found at fault?
In that case the victim files a claim against one of the responsible parties. That party’s insurance company covers the damages. Then the party that has paid for the damages has the right to seek compensation from the other parties, those that were shown to be legally at fault for the accident that harmed the victim/claimant.