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How Does Shared Fault Affect A Car Accident?
A single person doesn’t need to be at fault for personal injury accidents. In some cases, multiple people can be at fault. In states like California, if a car accident occurs due to both drivers, it can change the trajectory of your case.
When shared-fault circumstances arise, the insurance companies will try their best to use it to their advantage. Why? This minimizes their client responsibility, and they won’t even have to pay full compensation for the damages incurred.
If you have been at the receiving end of serious injuries, then you can pursue a personal injury claim. You can start your claim process by hiring a competent attorney. They can guide you through the intricacies of shared-fault cases, ensuring that you get justice.
What is a shared fault?
As the name implies, shared fault refers to the possibility that multiple people are at fault. A shared fault accident also referred to as comparative negligence, is a law that permits both the plaintiff and the defendant to be held partially accountable for damages caused by the car accident.
The Oakland personal injury attorneys at Milanfar Law explain that when both parties prove to be at fault, the court can issue percentages of fault. It becomes essential for each party to pay the required damages to the other or alleviate the legal responsibility of the defendant.
Comparative Negligence
Comparative negligence is when they assign a certain percentage of the fault to each party. It might sound easy, but it breaks down the percentage into three schools of thought. All have separate approaches to tackling the shared fault, making it more complex to understand.
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Modified comparative negligence: (50% rule)
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Modified comparative negligence (51% rule)
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Pure comparative negligence
The following states follow the pure comparative negligence technique so that even a person who contributed the most to the accident can recover some of their damages:
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Kentucky
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Louisiana
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Mississippi
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Missouri
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Alaska
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Arizona
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California
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Florida
What Types of Accidents Come Under a Shared Fault Claim?
Although shared fault is much more common in car accidents, there are other types of accidents as well.
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Construction accidents
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Product liability
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Pedestrian accidents
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Bicycle accidents
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Premises liability
The Decision of the Percentage of Fault
For instance, you were injured in a car accident, and a drunk driver caused a head-on collision. However, you admitted to being distracted while you were driving. As a result, you couldn’t avoid or even minimize the damage. In this specific case, the percentage of fault needs to be decided between you and the defendant. You will have to present your case in court, in front of a judge, where the jury will thoroughly review the facts. This helps them make an informed decision regarding the role they played in the accident.
During the settlement phase of your case, your attorney will reach an agreement that will determine the percentages of fault for your case.
