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If a collision occurs and it is difficult to prove fault — or if fault is equally shared — a 50/50 car accident claim might be filed. This means that each driver would be covered by their own ...
For example, under a contract of indemnity insurance, the insurer agrees to indemnify the victim for harm not caused by the insurer, but by other parties. Because of the difficulty in establishing causation, it is one area of the law where the case law overlaps significantly with general doctrines of analytic philosophy to do with causation.
Since but-for causation is very easy to show and does not assign culpability (but for the rain, you would not have crashed your car – the rain is not morally or legally culpable but still constitutes a cause), there is a second test used to determine if an action is close enough to a harm in a "chain of events" to be a legally culpable cause ...
For example, an assault is both a crime and a tort (a form of trespass to the person). A tort allows a person, usually the victim, to obtain a remedy that serves their own purposes (for example by the payment of damages to a person injured in a car accident, or the obtaining of injunctive relief to stop a person interfering with their business ...
The drivers involved in a car accident may also discuss fault at the scene of the incident and in some cases, a driver admits guilt. The police will analyze the scene to try to understand who is ...
Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates injuries arising from medical and dental care, that which may lead to medical negligence claims).
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.
For example, there are three equidistant points, A, B, and C. Paula's house is at point A. Dave negligently ignites a fire at point B. Lightning simultaneously strikes point C, starting a second fire. The fire at point B and the fire at point C both burn towards point A. Paula's house burns down. Unlike Summers v.