What If You're Partially at Fault in a Car Accident? Understanding Comparative Negligence
Being involved in an auto accident is stressful enough. But when you may be partially at fault, it can become very complicated. That is where comparative negligence comes into play. According to an auto accident lawyer Orange County, it affects what you can recover in damages—regardless of whether you are partially at fault.
What is Comparative Negligence Really?
Comparative negligence is a fault-finding and compensation principle of law. It is basically a term that signifies that there can be more than one party at fault in an accident. Suppose you were 20% responsible for the accident and the other party was 80% responsible. You can still claim damages—only diminished by your 20%.
There are Different Types of Comparative Negligence
Not all states are equal. There are usually three systems:
1. Pure Comparative Negligence – You can recover damages even if you are 99% at fault.
2. Modified Comparative Negligence (50% rule) – You may recover only if you are less than 50% at fault.
3. 51% Rule or Modified Comparative Negligence – You can recover damages if you are 50% or less at fault.
It is important to know which one your state uses. It determines how much you can realistically expect to collect after an accident.
How Fault Is Proven in Real Life
Fault is not so much about who hit whom. There are police reports, testimony, videos, and even accident reconstruction experts who get involved. If you can remember saying something like "I didn't see them coming," it can be used to place partial fault.
It is best not to utter incriminating statements when an accident happens. A gratuitous apology can be misconstrued as an admission of guilt.
How Comparative Negligence Affects Your Settlement
Let's say you’ve caused a total damage of $10,000. If you're found to be 30% at fault, you'd only get $7,000. The greater your fault, the less you receive. And if you're over your state's threshold, an auto accident lawyer Orange County says that you might not get a thing.
Insurance firms excel at shifting blame to reduce payment. That is the reason why legal representation is needed when fault is shared.
What to Do When You're Partially at Fault
· Don't accept the blame. Let the investigation speak for itself.
· Gather evidence. Photographs, video, and witness accounts can protect you.
· Consult a lawyer. You need someone who knows your rights under comparative negligence laws.
Being partly responsible is not always a denial of any right to claim. Provided the right strategy, you can recover a fair award.
Final Words
Knowing comparative negligence matters if you are yourself at fault in a car accident. It does not rule you out of receiving compensation—it only affects payment in accordance with your fault in the accident. Knowing your state laws, possessing substantial evidence, and hiring the services of an auto accident lawyer Orange County can make the difference. Don't let ignorance or fear hold you back. With the right attitude, you are still able to defend your rights and receive the compensation you deserve, even in the case of joint fault.
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