Being involved in a motor vehicle accident can be a traumatic experience, and dealing with the aftermath can be equally stressful. If you find yourself in this situation, it's important to understand how comparative fault laws may affect your ability to receive compensation for your injuries and damages.
What are Comparative Fault Laws?
Comparative fault laws, also known as comparative negligence laws, are legal principles that determine how compensation is allocated in cases where more than one party is at fault for an accident. In states that follow comparative fault rules, each party's degree of fault is considered when determining liability and damages. This means that even if you are partially responsible for the accident, you may still be entitled to receive compensation for your injuries.
How Do Comparative Fault Laws Work?
In states that follow pure comparative fault rules, injured parties can still recover damages even if they are found to be 99% at fault for an accident. Their percentage of fault will reduce the compensation they receive. For example, if you were awarded $100,000 in damages but were found to be 20% at fault for the accident, your award would be reduced to $80,000.
On the other hand, states that follow modified comparative fault rules have different thresholds for recovery. In some states, injured parties cannot recover damages if they are found to be 50% or more at fault for the accident. In others, the threshold is 51%. It is important to know which rule applies in your state to understand how it may impact your case.
How Might Comparative Fault Laws Affect Your Compensation?
If you are involved in a motor vehicle accident and are found to be partially at fault, it could impact the amount of compensation you receive. Insurance companies often try to shift blame onto injured parties to reduce their liability. This is why it's crucial to have a skilled attorney who can help prove the extent of the other party's negligence and minimize your level of responsibility.
Protecting the Rights of Car Accident Injury Victims
At Bishop & Hayes P.C., we understand the complexities of comparative fault laws and how they can affect car accident injury cases. Our experienced personal injury attorneys have helped countless clients navigate these laws and fight for their right to fair compensation. We will thoroughly investigate your case, gather evidence, and consult with experts to build a strong argument in your favor. Contact us today at (417) 304-3228 to get started.