Comparative Fault: Car Accidents

If you have been injured in a car accident and you believe that the crash was at least partially your fault, you may be hesitant to speak with a lawyer because you are convinced that doing so is not worth your time. It is important not to make assumptions about your case until it has been thoroughly investigated and evaluated by a lawyer, otherwise, you may end up missing out on a considerable compensation award.

Causation and Fault – The Basics

Generally speaking, the law protects the rights of injury victims to hold others accountable when their actions are negligent, reckless, or intentionally dangerous and directly lead to a victim’s injuries. However, there are exceptions to this rule. For example, manufacturers of defective auto parts may be held to a theory of strict liability wherein an injury victim does not have to prove negligence before they can recover compensation. Conversely, some states do not allow injury victims to pursue compensation against others whose negligent, reckless, or intentionally dangerous conduct has contributed to the causes of their harm if that harm was also caused by a victim’s own negligence, recklessness, or intentionally dangerous behavior. Personal injury lawsuits are nuanced primarily because they are contextual there is no “one size fits all” answer when it comes to questions of causation and fault.

When More than One Party Is to Blame

As an experienced car accident lawyer – including those who practice at The Law Offices of Mark T. Hurt – can review in greater detail, each state handles the concept of comparative fault in different ways. Some states allow injury victims to hold others accountable for their share of fault even if the injury victims are 99% to blame for what happened. Some states allow injury victims to recover compensation as long as they were not more than 50% to blame for their own harm. A very small fraction of states generally refuses to allow injury victims to recover compensation if they were to blame for their injurious circumstances to any extent. And still other states have adopted hybrids of one of these models.

One of the reasons why it is so important to speak with an attorney is that it can be difficult to know how your state’s laws will apply to your circumstances until a lawyer licensed to practice in your state has objectively assessed your situation.

Contact an Experienced Personal Injury Lawyer to Learn More

If you are unsure of whether you were partially to blame for your car accident or you know that your crash was partially your fault and you are worried about whether you’ll be able to collect any compensation from other responsible parties, it is time to speak with a knowledgeable personal injury attorney. It is a good idea not to make any assumptions about the strengths and weaknesses of your case until a lawyer who is familiar with cases like yours has assessed your circumstances thoroughly and objectively. You may be entitled to far more compensation than you have been led to believe.

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