Law

Basics of Bar Rule in Personal Injury Car Accident Cases 

The “bar rule” is a legal principle that applies to personal injury cases stemming from car accidents in the United States. It holds that an injured party cannot recover damages from more than one defendant for a single injury. In other words, if multiple parties are liable for an individual’s injuries, the injured party can only collect damages from one. Contact A lawyer from Delventhal Law Office, LLC, to get more information. 

Purpose

The purpose of the bar rule is to prevent double recovery, which would occur if an injured party were able to collect damages from multiple parties for the same injury. This could lead to an unfair result, as the injured party would be able to collect more than the full value of their losses.

In a car accident case, the bar rule can come into play when multiple parties are found to be at fault for the accident. For example, if a driver runs a red light and crashes into another car, causing injuries to the occupants of the second car, the driver who ran the red light and the manufacturer of the car may be liable for the injuries.

In such a situation, the injured party can only recover damages from one of the liable parties. Typically, the injured party will choose to recover from the party with the deepest pockets, meaning the party with the most assets or insurance coverage.

Exceptions

The bar rule is not absolute, and several exceptions exist. For example, if the combined negligence of multiple parties causes the injury, the injured party can recover a percentage of their damages from each party found to be at fault. Also, if a criminal act causes the injury, the injured party can recover damages from both the criminal and any other party that may be liable for the injury.

In addition, the bar rule does not apply to property damages caused by a car accident. In such cases, an injured party can recover damages for their injuries and any damage to their property.

Application of rule

It’s also worth noting that the bar rule does not apply to every state in the USA. Some states have modified or abolished the bar rule, allowing injured parties to recover damages from multiple parties for a single injury.

In conclusion, the bar rule is a legal principle that applies to personal injury cases stemming from car accidents in the United States. It holds that an injured party cannot recover damages from more than one defendant for a single injury to prevent double recovery. However, the rule is not absolute, and several exceptions exist. If you have been injured in a car accident, it is important to consult with an attorney to understand your rights and the application of the bar rule in your specific case.

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button