Bazı şeyleri paylaşmak zevkli, varsayımsal pizza... Bazı şeyleri paylaşmak zevkli değildir, varsayımsal kaza kusuru

Some things are enjoyable to share. A nice birthday cake or a large pizza with friends - those things are fun to share. Dert paylaşmak? Sharing worries could be okay if it helps a friend in need. But sharing "kusur" (or fault) in an accident lawsuit... 'not so much fun! This "sharing" can arise when trying to figure out the percentage of fault in an accident.

Here's an example. Two vehicles approach an intersection. The light is green for one and red for the other. They collide. One of the drivers is injured. She is entitled to $100,000. But both drivers say the light was green for them. Obviously, one of them is lying. The insurance companies split fault 50-50. That means the driver who suffered $100,000 worth of injuries would receive 50% of $100,000... or $50,000. 'Very simple. [KAZA SONRASI DÖNEN OYUNLAR - https://youtu.be/-JlRu6DUmpA?si=AyKddhzlhSY8reO- ]

Now let's look at a slightly more complex setting. A car is merging onto a dark road. Its headlights are off. By law, they must yield to vehicles already on the road. A vehicle on the main road sees the merging vehicle too late to avoid a collision. This driver hits the entering vehicle and sues. He suffers $100,000 worth of injuries.

Defense attorneys argue that the driver on the main road should get nothing. He hit the other vehicle in the rear. But his attorneys argue that the vehicle ENTERING the main road should have yielded. Also, they had their lights off. The court decides that the vehicle ALREADY IN the main road was 30% at fault. That means they would receive 70% of $100,000 (because they were only 30% at fault). So they receive $70,000.

This is a bit simplified. But it shows the general idea of how fault (or "kusur") can be shared. We call this legal principle "comparative negligence." In some cases, it could be straightforward, like the accident scene here [Kaza Kusur Ispatı - https://youtube.com/shorts/-KCrgo2am1w?si=tTkdFe_iGK_xO9b7 ] In others, like the hot coffee cases, it could become more complex - ÜZERİME SİCAK KAHVE DÖKÜLDÜ... MİLYON DOLARLIK DAVAM VARMI? https://www.communityabroad.com/turkish/post/1000000050212

When things are straightforward, a lawsuit could move quickly. But when they become complex, a case could get stuck. It's important to keep things moving in any lawsuit. ZAMAN SINIRLI... VE ZAMAN KİMSEYİ BEKLEMEZ - https://www.communityabroad.com/turkish/post/1000000050695

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Avukat Timur Akpinar

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