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The answer depends upon who is legally liable for causing the collision. Legal liability can arise from violation of a statute or ordinance, or from simple negligence. Negligence is basically the failure to exercise that degree of care that a reasonably prudent person would have used under the same or similar circumstances.

In some states the doctrine of comparative negligence is used. This means that it is possible for each party to be found to be partially At Fault. In such a case, damages are reduced by the degree to which a person is found to be negligent.

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12y ago

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