One can’t imagine the impact that car and motorcycle accidents have on a person. Not only is there significant physical damage, the emotional, and financial implications are unspeakable at times. In such situations, it is natural for victims to seek compensation for their losses. However, determining fault in a car accident is not always a straightforward process. Comparative negligence is a legal principle that can come into play in car accident cases, affecting the amount of compensation that victims can receive.
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What is Comparative Negligence?
- Comparative negligence refers to the allocation of fault between the parties involved in an accident. Under this principle, a victim’s compensation can be reduced by a percentage that corresponds to their degree of fault in the accident.
- For instance, if a victim is found to be 30% at fault for the accident, their compensation may be reduced by 30%.
A Shepherdsville Car Accident Lawyer may be able to give you better insights into the procedures involved in such cases.
Comparative negligence requires a thorough investigation of the circumstances surrounding the accident to determine each party’s level of fault. Insurance adjusters, lawyers, and judges use various methods to establish fault, such as eyewitness accounts, police reports, and accident reconstruction.
How can it affect your compensation?
It is worth noting that not all states follow the same rules when it comes to comparative negligence. Some states follow a “pure” comparative negligence system, where a victim’s compensation can be reduced by any percentage of fault. For example, if a victim is found to be 90% at fault for the accident, they may still be entitled to 10% of the damages. Other states follow a “modified” comparative negligence system, which limits a victim’s compensation if they are found to be more than 50% or 51% at fault for the accident.
Comparative negligence can have a significant impact on the amount of compensation that car accident victims can receive. If you have been involved in a car accident, it is important to speak with a qualified attorney who can help you navigate the legal system and protect your rights. An experienced attorney can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
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Comparative negligence is a legal principle that can affect the amount of compensation that car accident victims can receive. If you have been involved in a car accident, it is important to speak with an attorney who can help you understand your legal options.
