In accident injury cases, determining fault is a crucial aspect of seeking compensation for damages. However, in some situations, multiple parties may share responsibility for an accident. Understanding the concept of comparative negligence is essential for accident injury victims navigating the legal process. At Marek Sanders Law, we’re committed to helping accident injury victims understand their rights and options. Here’s what you need to know about comparative negligence in accident injury cases:
What is Comparative Negligence?
Comparative negligence is a legal principle used in personal injury cases to allocate fault among multiple parties involved in an accident. Under comparative negligence, each party’s degree of fault is assessed, and compensation is awarded based on their respective levels of responsibility for the accident.
How Does Comparative Negligence Work?
In states that follow a comparative negligence system, accident injury victims can still seek compensation for their injuries even if they were partially at fault for the accident. However, the amount of compensation they receive may be reduced proportionally to their degree of fault.
For example, suppose a pedestrian is struck by a car while crossing the street at a crosswalk. The pedestrian was using a cellphone and failed to notice the “Don’t Walk” signal. The driver of the car was speeding at the time of the accident. In this scenario, both the pedestrian and the driver may be found partially at fault for the accident.
If the pedestrian is found to be 20% at fault and the driver is found to be 80% at fault, the pedestrian’s compensation award will be reduced by 20% to account for their degree of fault. Conversely, if the pedestrian is found to be more than 50% at fault, they may be barred from recovering any compensation under the law.
Why Does Comparative Negligence Matter?
Understanding comparative negligence is crucial for accident injury victims because it can have a significant impact on the outcome of their case. By assessing each party’s degree of fault, courts can ensure that compensation awards are fair and equitable.
Additionally, comparative negligence can influence settlement negotiations with insurance companies. Insurance adjusters may attempt to shift blame onto the victim to minimize the amount of compensation they are required to pay. Having a knowledgeable personal injury attorney on your side can help protect your rights and ensure that your degree of fault is accurately assessed.
At Marek Sanders Law, we have extensive experience handling accident injury cases involving comparative negligence. We’re dedicated to advocating for our clients’ rights and pursuing the maximum compensation they deserve, even in complex legal situations. If you’ve been injured in an accident, contact us today for a free accident related resources to discuss your case and learn how we can help you navigate the legal process.