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WHO IS AT FAULT FOR MY CAR ACCIDENT?

In most situations, fault in a car accident can be determined by looking at several important legal factors. Those include negligence, recklessness, intentional misconduct and strict liability.

With negligence, the accidental or careless conduct of an individual that leads to a crash, harm and/or damage. Negligence is one of the most typical fault determiners in car accident cases and it is usually a component in such claims. Negligence can arise out of a failure to act in a certain way or it can arise out of acting in a certain way. However, it does not imply that the at-fault party actually wanted to hurt someone.

Recklessness refers to an individual's purposeful disregard of the safety and/or best interests of others. Intentional misconduct refers to a person's purposeful disregard of the law. However, these also do not imply that the at-fault person was actually trying to hurt or harm another person. Under the right circumstances, a person can be responsible for "punitive" damages for intentional misconduct, such as driving while intoxicated or texting and driving.

Strict liability is a little bit different because it does not imply that a particular party was at fault, only that the party was liable for the accidents and/or injuries that resulted from a particular crash. Strict liability usually applies to company owners, employers or organizations whose employees were involved in a crash. In these cases, the employer of the employee who caused an accident may also be liable for damages.

At fault or liable parties in a car accident case have committed what is called a "tort" under Colorado law. Those who commit torts, or "tortfeasors," can be forced to pay injured parties different kinds of damages on the facts and injures related to a particular Colorado car accident.

If you were involved in an accident that is not your fault, you should have your claim reviewed by an attorney as soon as possible. The good news is that you can have an experienced car accident attorney evaluate your claim for free. At The Law Office of Anna L. Burr, a lawyer will be able to tell you whether someone was negligent or reckless in causing harm to you, and whether you might be able to collect damages to cover your losses.

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