| A | B |
|---|
| Liability | an obligation to do or be responsible for something |
| Damages | tangible or intangible loss to a property or person |
| Duty Owed | one party having a responsibility or legal duty to another |
| Proximate Cause | the primary reason for the loss |
| Duty Breached | the duty owed is breached or not fulfilled |
| Some Common Duties of a Driver | maintain lookout & control, driving without influence of drugs/alcohol/medication/medical condition or exhaustion, to avoid a hazard or accident, to drive at a reasonable speed |
| Police Report | one of MANY tools used in making a liability decision |
| Comparative Negligence | in the event both parties involved contribute to the accident, we assess this |
| Pure Comparative | a damaged party can recover his damages, reduced by his/her degree of fault |
| Modified Comparative 50% | a damaged party cannot recover if s/he is 50% or more at fault; s/he can recover if s/he is 49% or less at fault but recovery is reduced by the degree of his fault |
| Modified Comparative 51% | a damaged party cannot recover if s/he is 51% or more at fault; s/he can recover if s/he is 50% or less at fault but recovery is reduced by the degree of his fault |
| Pure Contributory | a damaged party cannot recover any damages even if s/he is only 1% at fault |
