Understanding Comparative Fault In Car Accident Lawsuits
If you've been in a car accident, you may have heard the term "comparative fault" thrown around. It is an important part of the legal process that can affect whether or not you are able to collect money for the damages you sustained.
Here's what you should know about comparative fault in car accidents and how it might impact your case.
What Is Comparative Fault?
In a car accident lawsuit, comparative fault is used to assign blame between the parties involved. Each party may be held responsible for a percentage of the damage based on their level of involvement in causing the accident.
This means that even if you were partly responsible for the accident, you may still be able to receive compensation for your losses. However, the amount of money you can collect will be reduced by the percentage of fault attributed to you. For example, if a jury decides that you are 30% at fault for an accident, then any damages awarded to you will be reduced by 30%.
Different Types of Comparative Fault
There are several types of comparative fault. One is pure comparative fault. This means that each party involved is responsible for the percentage of fault attributed to them, regardless of how small it may be. Another type is modified comparative fault. In this system, if you are found to be more than half at fault for the accident, then you cannot collect any damages.
How a Court Determines Comparative Fault
When trying to determine comparative fault, a court will look at the evidence and testimony from both parties. They will consider any eyewitness accounts and physical evidence such as skid marks, damage to the vehicles, and traffic cameras. They may also hear from expert witnesses who can provide insight into how the accident occurred and who was most responsible. This will help guide the court or the jury's decision.
Should You Get a Car Accident Lawyer?
If you've been involved in a car accident, it's important to get legal advice from an experienced car accident lawyer. They can help you understand the legal process and make sure that you receive fair compensation for your injuries.
Your lawyer can also help prove your case in court by presenting evidence and testimony that shows you were not at fault for the accident. This can help reduce the amount of comparative fault attributed to you and ensure that you receive compensation.
Reach out to local lawyers, such as Salerno & Leavitt, to learn more.
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