Can I Pursue Damages if I Was Partially At Fault for the Accident?

If you were partially at fault for the car accident that you were in, and are facing damages as a result, you may be wondering if you have the ability to take legal action against the other party responsible. When two parties are at fault, determining the percentage at which each party is liable can be incredibly complex. In some cases, you may still be able to obtain some form of compensation from the accident, however, taking action may be best suited for a car accident lawyer. Car accident cases can be complex, especially in situations that involve comparative negligence. Working with a car accident lawyer can provide you with every opportunity at obtaining the compensation you may be entitled to following an accident. 

Comparative Negligence

Comparative negligence are accident cases in which both parties can be held responsible for the accident in some way. Comparative negligence may be a common defense strategy used by the at fault driver’s lawyer to help reduce the damages they may be entitled to pay. Your lawyer’s job will be to build a strong case against the other driver, proving key elements to personal injury, including: presence of duty of care, breach of duty of care, that your injuries were caused by the accident and that you experienced damages as a result. If you are partially at fault for the accident, comparative negligence may come into play. It’s important to know that comparative negligence laws vary depending upon the state in which you reside. In states like California and New York, you may have the ability to collect damages even if you were significantly at fault for the accident. In other states, you may not be able to obtain compensation if you are more than 50% at fault for the accident. 

Reduced Settlement

Comparative negligence cases often come with a reduced settlement. This is because, the percentage at which you were at fault will be reduced from the total compensation you could have been entitled to. For example, if you have damages totalling $100,000 and you are found to be 20% at fault for an accident, and the other driver is 80%; you may only be entitled to obtain $80,000 of your accident claim. In some cases involving comparative negligence, there may be several drivers at fault for an accident. This can get incredibly complicated, very quickly. A car accident lawyer can not only represent you, they can work to safeguard the settlement you may be entitled to. 

Speaking with a Car Accident Lawyer

If you were injured in an accident and believe comparative negligence may be at play, it’s important to talk to a car accident lawyer as soon as possible. Not only will you want to make sure that you have a case to pursue, you will want to protect yourself from saying anything potentially damaging to the insurance company regarding your case. The last thing you want is for the insurance company to attempt to assign fault to you for the accident when you shouldn’t be held responsible. Protect yourself by allowing a car accident lawyer to do the talking may be the best way of obtaining the compensation that you deserve. 

For the legal help and guidance that you deserve, contact a car accident lawyer as soon as possible to schedule your free initial consultation. 

Source: Car Accident Attorney Scottsdale, AZ, Yearin Law Office

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