Car Accident Lawyers in Colorado Springs, Colorado
Being involved in an automobile accident is without a doubt, one of the most distressing and traumatic experiences of a person’s life and little wonder, given the horrific amount of damage that a car can inflict upon the body. People have been permanently disfigured, crippled, dismembered and even killed outright as a result of careless, negligent or reckless driving and so little wonder then that when people are victims of this sort, they want to recover the maximum amount of compensation available.
Part of the problem with a personal injury case as many Car Accident attorneys in Colorado Springs will be quick to advise you, is that they are a very complex issue to successfully deal with. Many victims naively assume that because they have been injured, they will automatically get a rather hefty and generous payout.
Sadly, things do not work as plainly as this.
A highly controversial issue that has reared its ugly head time and time again in just about every single civil courthouse in the United States is the issue of contributory negligence which has been relied upon so frequently and intensely by careless drivers that one cannot help but feel as if it is almost a reflexive action!
Without delving too deeply into the reams of legal jargon terminology required to give a detailed explanation as to what contributory negligence is, it can be briefly described as a common law defence whereby if a victim to an automobile accident contributed to their own injuries through their own negligence then they cannot sue another for the recovery of damages.
The law justifies this somewhat arbitrary and quite frankly, downright draconian (not to mention punitive) defence on the grounds of necessary logic:
A person cannot be both a victim and a perpetrator at the same time.
On one level, this is indeed a compelling argument, and does seem to make sense at least, on a technical and rational level. However, as many lawyers have rightfully and fairly argued, whenever this put into practise, it effectively means that a victim who played a very minor role in the sustaining of their injuries will “absolve” the thoroughly culpable defendant.
Therefore, a person who was 1% or even 0.1% responsible for their own injuries as compared to the 99% or 99.9% of the other party has forfeited their rights to any compensation.
Given how hugely unpopular this draconian policy proved to be, many legislators across the country decided to introduce some reforms. Some states introduced reforms which can only be described as nothing short of radical, whilst others were significantly more conservative in their progress.
A minor concession was afforded with the introduction of the so called “modified contributory negligence”. Here, the law sought to refine the initial principle of a person not being able to be both guilty and innocent at the same time, and determined that if a plaintiff was less than 50% responsible for their own injuries, then they would be able to fairly bring an action.
The rationale behind this was that they were more sinned against than sinned.
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