With most car accidents, each party may play a role in why an accident occurred. Maybe the other driver was driving negligently fast but you weren’t paying as close of attention as you should have been. Or perhaps you didn’t get your car serviced on time, and your breaks didn’t work as well as they could have. No one is perfect, which is why there is a concept called contributory negligence in car accidents.
Who Is More at Fault?
Each jurisdiction may have their own interpretation of what contributory negligence means in regards to your set of particular facts. If you are more than 50% at fault for the accident in some jurisdictions, you may lose all ability to collect compensation. Other jurisdictions your percentage of fault will be discounted from your final judgment amount. For example, if you are awarded $100,000 for your injuries, but you were found to be 25% at fault, you would receive $75,000 instead.
Who Calculates Fault?
The calculation of who is at fault is a complex and complicated area of law. If you have a jury trial, the jury would determine the percentage of fault of each party. If you have a bench trial, a judge would determine fault. For more details on how calculation would play out in your case, contact your attorney and discuss your particular situation.
Do I Have a Case?
Even if you feel that you are partly to blame for your car accident doesn’t mean that you don’t have the ability to file a claim. If you have suffered injuries, you may be entitled to compensation. The only way to know for sure is to schedule a consultation with an experienced car accident attorney.