Hello everyone, it's the Jeep Lawyer coming your way with today's essential tip. I'm excited to delve into a recent case I'm working on that revolves around the crucial concept of proving negligence. So, let's dive in.
In the dynamic legal landscapes of Texas, Florida, and many other states, the burden of proof rests on demonstrating that a business entity or another party was predominantly responsible, to the tune of at least 51%.
Yes, at least 51%. It could certainly be more, but never less. If the scales tip to the tune of 51% against you, your claim takes a tough hit. To illustrate, let me share a recent case that came across my desk.
One of my clients was involved in a collision on the highway. Initially, it might seem straightforward: she collided with another car, seemingly making her 100% at fault. However, upon closer examination and a conversation with my client, the scenario took a fascinating twist.
The car she collided with wasn't in motion—it was stationary, stranded in the middle of the highway. Interestingly, the vehicle's owner had failed to activate hazard lights, open doors, or signal the distress in any way. This changed the narrative substantially. As a result, I successfully demonstrated that my client held only 25% responsibility, while the other party bore a significant 75% of the blame.
The impact of this revelation in a settlement scenario is profound. Suppose the settlement amount stood at $100,000. In this case, the responsible party would cover 75% of that sum—$75,000—bringing much-needed financial relief to the situation.
Here's the golden nugget of advice, folks: if you find yourself entangled in an accident, even if you suspect a measure of fault on your end, I implore you to reach out to me without delay. Why? Because it's essential to meticulously dissect the details. Establishing that the other party holds 51% or more culpability can make all the difference in your path to recovery.
Wishing you the best of luck out there. This is the Jeep Lawyer signing off.