Accidents happen. When you think about a car accident case, you might think about cases where the line of fault is clear. If a car speeds through a red light, where the other car follows the traffic rules, then it is clear who is at fault. This is not how accidents always happen, however. Sometimes, both parties have a piece of the fault. Often, this scenario makes any claims against the other driver more complicated. How do you know if you still have a case if you are partially to blame?
Who Determines Your Case?
Different states have different laws when it comes to determining fault and whether fault matters. In some states, it does not matter who is at fault. In other states, there is something known as comparative negligence. A comparative fault law divides the blame between more than one party. For instance, if you are in a car accident and you are not wearing your seatbelt, but some for injuries are attributed to the lack of a seatbelt, then you are partially at fault for your own injury.
Do You Still Have a Case?
If you were partially at fault for an accident and your state has a comparative fault law, then you may still have a case. The determining factor will be how much of the fault you had. In order to receive compensatory damages for a car accident, the other person has to be at least 50 percent at fault. If the other person was more than half at fault, then you may still have a case worth fighting. Partial blame does not count someone out of a lawsuit.
How Much Is Your Case Worth?
Your case’s worth is not going to be the same as it would be if you weren’t at fault at all. When it comes to determining your damages, the court will look at the percentage of fault. You would take the claims for your injuries and then minus the percentage of fault. When you are partially at fault, you cannot ask for the full amount of your injuries.
If you were in a car accident where you had a piece of the blame, then you should consult with a personal injury lawyer, like a Memphis personal injury lawyer, as soon as possible. When it comes to determining fault, you usually need an investigation and the entire process may be more complex. It’s important that you have someone that can lead you through the steps of filing your claim.
Thanks to Wiseman Bray, PLLC for their insight into personal injury claims.