When involved in an accident, determining fault is often a complex process. It’s not always black and white – sometimes, both parties share some degree of responsibility. So what happens if you find yourself partially at fault?
Firstly, it’s important to understand that the concept of being “at fault” in an accident isn’t an all-or-nothing proposition. In many jurisdictions, there exists a principle called ‘comparative negligence’ or ‘contributory negligence’. This legal doctrine takes into account the actions of all parties involved and assigns each a certain percentage of blame.
If you are found partially at fault in an accident, this doesn’t necessarily mean you are barred from receiving compensation for your damages or injuries. However, it does mean that the amount you receive may be reduced proportionally according to your level of fault.
For example, if you were 20% at fault for an accident and suffered $10,000 worth of damages as a result, under comparative negligence rules your compensation would likely be reduced by 20%, leaving you with $8,000.
However, it’s crucial to note that laws regarding comparative and contributory negligence vary widely from place to place. Some states operate under what is known as ‘pure comparative negligence’, where even if you are 99% at fault for an accident; you can still recover 1% of your losses from other parties involved.
On the other hand, some states follow a ‘modified comparative negligence’ rule where victims can only recover damages if they’re less than 50% or 51% (depending on the state) responsible for their injuries. If their level of culpability exceeds this threshold then they cannot claim any compensation whatsoever.
In contrast to these systems is ‘contributory negligence’, which is followed by very few jurisdictions today. Under this rule even slight contribution (as little as 1%) towards the incident bars individuals from recovering any damages.
Therefore understanding how fault is determined and how it affects your compensation claim is crucial. It’s always advisable to consult with a personal injury attorney who can guide you through the complex legal processes involved. They can help gather evidence, negotiate with insurance companies, represent you in court if necessary, and work to ensure that your level of fault is accurately represented.
Remember, being partially at fault doesn’t mean you’re completely responsible. You still have rights and options available to you. Never assume that just because you may share some blame for an accident, that you aren’t entitled to compensation for your injuries or damages. Always seek professional advice before making any decisions regarding your case.
Munley Law Personal Injury Attorneys
27 N 6th St, Stroudsburg, PA 18360
15703384494
