In a car accident, liability often follows fault, and determines who will be made to pay for damages or injuries.
“The accident might be your fault, but if you’re not at fault, you can’t be held responsible,” says George Dovick, a professor at the University of Pennsylvania Law School.
In the law’s general use, wrongful death is a good example of how that works. When someone is killed in an accident caused by his/her own negligence, the person who did the act and who caused the accident is usually held liable. The owner of the vehicle is likely to be held responsible for property damage, and also possibly for personal injuries. If that’s the case, the person who is liable for the accident or property damage usually is referred to as the “culprit.”
But, in that scenario, if it’s not your fault, you can’t be held responsible if you can prove that the other driver was negligent in going through that intersection.
In a medical negligence case, however, neither the crash victim nor the other driver can be found to be the cause of the injuries. In that situation, the question becomes what was done to cause the injury.
“It is, in effect, a question of what could have been done,” Dovick says.
In that case, the person who caused the injury may be held liable, as a result of fault, while the injured party who had a known mental condition or impairment would be found not to have fault, according to a comment from University of South Florida School of Law’s Attorney John J. Miles.
That is usually the case when the person who caused the accident caused the injury by failing to care for the person and vehicle in the way that the rules of the road require. For example, a car that doesn’t have a seat belt or driver’s seat will be more likely to collide with a pedestrian or bicyclist who is riding without one, in cases like this is better to get a car’s accident professional, and you can go to the website to find the best professionals for this.
“The injured party cannot be the condition of the accident victim; he/she has to show fault and the fact that the other party is also operating the vehicle, which can lead to both issues being found against the individual,” Miles says.
In cases of medical negligence, once the accident occurred, the medical team is meant to meet that responsibility, Miles says.
“There are really only two parties on the scene, the doctor and the patient,” Miles says. “There is no other party. In some medical malpractice cases, the person injured is someone else’s patient.
“But in medical negligence cases, it’s the doctor and the patient,” Miles says. “If the doctor negligently operates a machine and injures the patient, it is the doctor’s liability. But it is also the patient’s fault because it was the person operating the medical device that was injured.”
After the accident, the medical report may note a list of injuries that the injured party sustained. The doctor can then offer treatment, but can’t be held liable if that treatment hasn’t saved the patient’s life.