What Determines Who Is At Fault For An Accident?

At the time of a trial, assignment by the court of liability indicates who will be held legally responsible for an accident. After listening to all the arguments, a judge decides who, among all that were party to a given accident, was least careful. A judge listens to all parties and declares who appears to have displayed the largest level of carelessness.

Can victims be declared at fault?

Understand that the victim belongs on the list of those individuals that were party to the accidental occurrence that somehow harmed one or more individuals. In a courtroom, the judge’s ears will be attuned to responses from any victim. Was the injured person (the victim) at a spot where he or she should not have been, at the time of the accidental occurrence?

Was the injured person at a location where he or she should have expected eventual involvement in a potentially harmful happening? If that proves to be the case, then the victim’s actions have cancelled out any other person’s duty to be careful to a person at risk. Hence, those same adults should feel relieved of their duty to aid (to show a duty of care towards) the injured victim.

Was the injured person especially careless during the moments that led up to the accident? If that proves to be the case, then the victim should expect to get a smaller reward. The victim’s compensation diminishes a bit in those cases where one or more victims have exhibited a decided amount of carelessness, thus causing an accident to be more apt to happen.

Who else could be held liable in the eyes of the law?

In what activity was the victim involved at the time of the accident? Was he or she taking part in a work-related activity? If someone gets injured while working, the boss of that injured person may be partly liable.

Where did the victim get injured? Was it at a spot where other accidents have happened? Had someone in charge of that same spot been cautioned to take the proper action? Had that word of caution been ignored? In that case, the owner of that one small piece of property might be held liable for the victim’s injuries. Yet if that same piece of property happens to be guarded or supervised, then the guard or supervisor might be held responsible.

Was there some device or tool in the victim’s hands at the time of the accident? If so, maybe that same object possessed a known defect. Whenever a defective product causes someone that uses it to be harmed, at least two different people can be held liable.

One is the person that made or directed manufacturer of that same object. The other person is anyone that bought the defective product from the maker/manufacturer and then sold it to a buyer. The buyer, of course, would be the unfortunate user/victim. Irrespective of how the accident took place, it is important to schedule an appointment with an injury lawyer in Brantford to file for compensation.