Every single day, a number of vehicles are seen on the roads driven by different drivers. Now, while driving, there are certain sets of rules that need to be followed. These are there for the safety of the drivers themselves and for the ones who are also out on the road.
Now, traffic laws do act as guidelines or a set of rules that are there to be followed in order to keep your safety intact. But, one to focus on here is that there is a link between car accident cases and traffic rules and regulations.
The violations of the traffic rules can act as great evidence when a party is looking for the justice that it deserves. Also, if you look at different states, it is very important to see that some of the regulations are quite different in some of the states around the world.
A car accident attorney can help with the understanding of the laws.
What is Right and Wrong on the Roads?
Traffic laws are established by the state, the locals, or the governing authorities to develop a way in which cars, drivers, motorists, and cyclists should behave on the roads.
These are the laws that are there to be followed, and it is certainly mandatory to keep a look at them when you are out on the roads. When a driver violates any of the rules, like breaking a red signal or they do over speeding, there is a simple basis for the negligence form at which a case is taken in court.
Nevertheless, it is important to bear in mind that not every infringement of traffic rules will automatically lead to finding negligence. But, the traffic law violation does act as a starting point on which the whole foundation of negligence is built.
Comparative vs. Contributory Negligence
Negligence is the failure of a party to exercise proper care that can cause damage or injure the other party on the road. In personal injury law, determining the party at fault is a lot of work and is done according to the jurisdictions followed in states.
Let’s learn more.
Comparative negligence is the new modern form of negligence in which it is stated that the fault is distributed equally among the parties involved.
It is further divided into two more divisions.
Pure Comparative Negligence
In this setting, a party bearing the injuries can demand damages even if their fault is at 99%. The recovery, however, is then affected by the degree of the fault that is being shown from that side.
This can be understood better with an example. If a cyclist is just cycling on the road and is hit by a car, then both parties are at fault here. So, now the degree of the fault will be seen, and the negligence will be decided on that.
Modified Comparative Negligence
A personal injury attorney says that the modified comparative negligence is a little bit of a biased system in which the recovery is limited to the party who is less at fault than the defenders.
The circumstances can vary, but it is seen that the plaintiff, who is 50% or more at fault, does not get the recovery.
Contributory negligence is a bit stricter approach when it comes to negligence. According to it, if the injured party is found to be even just 1% at fault, they will not get any kind of recovery.
Like in the above-given example, if the cyclist was found at fault, just 1%, there would have been no recovery for him.
Variations in Local Traffic Regulations
Traffic rules do not stay the same and are not considered to be uniform all the time. They can have a significant difference from one location to another and sometimes even in the lesser divisions of states or countries.
Variations like these can come from different and unique cultural or administrative factors.
There are some common changes in laws in different states, like:
- In some regions, it is obligatory for the traffic to stop for pedestrians in order to give them away on the road, and in some areas, it never happens.
- Now, the use of cell phones is also one of the conflicts that differs in a lot of states. In some areas, it is banned to use the cellphone at all, and in some, only texting is prohibited.
- Just like that, seatbelts and helmets also have different rules in different areas of the world.
When it comes to local traffic laws, they are quite different in every other state of the world. These are some rules that are strictly followed, and then there are others that are quite lenient in nature. It is on the jurisdiction and the governing parties to make sure the important rules are followed properly.