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Car Accident Lawsuits Modified comparative negligence The modified comparative negligence rule in car accident lawsuits is a legal concept that allows for partial recovery of damages even when the other party was at the fault midland car accident lawsuits was developed to ensure that the process is equitable for both parties A court can limit the amount of financial compensation payable if someone is partially responsible for an accident in order to reflect their role Pure comparative negligence can also be utilized in certain states It is applied to determine which actions were more accountable for the incident In this scenario the person could be responsible for 50 of an accident but only responsible for 1000 from the other party This is often referred to as the 50 rule Modified comparative negligence rules allow the person to collect damages from the other driver if they were the cause of an accident Pure comparative negligence does not have a similar rule However it permits the person to claim damages from the insurance company of the other driver company if they were responsible for the incident In New York for example Pure comparative negligence is a possibility when a driver has acted in violation of a stop sign But the other driver was not able to prevent the accident During the trial the evidence from the accident will help determine the root cause Insurance companies and attorneys will examine a variety factors to determine fault Attorneys and insurance companies may look into inebriation and weather conditions as well as other factors which could have an impact on the accident These factors may even affect the amount of damages a person is entitled to from an insurance company Pure contributory negligence Pure contributory negligence in car accidents lawsuits refers to the fact that one or more parties failed to take reasonable care and pay attention when operating their vehicles This is more difficult to prove in some situations than other cases The proportion of fault each person is responsible for will determine the amount that can be recovered For instance if the driver was speeding and caused the accident they would only be responsible for a portion of the damages while a person who was a passenger will be accountable for half of the damages Some courts also use the 51 percent Rule which is in addition to contributory negligence in pure form This rule states that the person who is injured cannot claim damages in the event that they are fiftyone percent or more at fault They may still be able to recover part of the amount if they are equally accountable The contributory negligence in New York refers to the proportion of blame that the plaintiff has to bear in an accident In lawsuits involving car accidents the failure of a plaintiff to signal or speed is an example of contributory negligence This could hinder the plaintiffs ability to collect damages This is why it is crucial to consult with an attorney prior making a claim The law of comparative negligence is different from state to state Many states have the modified comparative negligence system that allows an injured party to receive compensation even though they are not responsible for more than 50 of the blame In addition certain states also have an upper limit of five or fifty percent percent which is the norm in numerous jurisdictions In four states and the District of Columbia pure negligence that is a contributory factor is recognized in the law In a case involving a car crash the plaintiff will be denied compensation if he was at or near to two percent responsible for the accident A plaintiff would be entitled to one percent of the damages total if she was ninety percent at fault Uninsured motorist coverage Uninsured motorist coverage is required in a car crash scenario This coverage pays for the hospital bill if the party at fault is not insured enough The minimum of 50000 is not always enough to cover the expense of an injury that is serious When this happens families could be left with financial hardship Uninsured motorist insurance can assist in reducing the financial burden for the injured party and their family If the other driver doesnt have enough insurance to cover your damages it is possible to claim your own insurance for this amount If you have uninsured motorist coverage you can contact the other drivers insurance company to obtain the coverage you need This will cover any medical expenses or property damage Your claim needs to be dealt with fairly and reasonably by the insurance company They might not be acting in your best interest when they approach you in an adversarial way A knowledgeable attorney can assist you file and prepare the claim The first step to file an uninsured motorist claim is to inform your own insurance company of the accident You may need to request an explanation from the insurance company of the other driver In some instances uninsured motorist claims have strict deadlines In these situations you may need to make a claim as quickly as possible New York law prohibits uninsured drivers from leaving an accident scene This is unlawful if someone is hurt or property damage is significant If you believe someone else is responsible for an accident it is essential to share information with the other driver and call the police immediately If youve been injured or sustained property damage try to keep track of the make and model of the other car and its license number as well as the contact number You could be entitled to compensation if you have UIM coverage Special verdict If you were involved in an accident with a vehicle and sustained injuries the first step is to pursue a special verdict The type of verdict you receive is a judgment based on the facts A judge may alter the form of the verdict at his discretion The judge is able to alter the form quickly based on the evidence presented A jury may decide that a defendant was either 70 or 100 percent at fault for the accident In other cases the jury may find that the plaintiff is not the sole person responsible for the accident This is referred to as a no fault reduction In other words a plaintiff can still receive a special verdict even without a special defense