Gathering as much evidence as possible is essential if you’re involved in a car accident. This includes police reports and witness statements.
This evidence can help establish fault percentages that will affect your compensation. Understanding comparative negligence laws will give you leverage when negotiating with insurance adjusters. This is especially true in Corpus Christi, which follows pure comparative negligence rules.
Contributory Factors
Before comparative negligence was enacted, many other states used a very rigid rule known as contributory negligence. According to this regulation, injury victims were not eligible for compensation if they had a small amount of fault in the accident.
In a comparative negligence case, it does not matter how much you are at fault. You may still file a lawsuit for damages, but the amount will be diminished in line with your percentage in the accident.
For example, imagine Abby turns across traffic to make a left turn without exercising reasonable care, and Brian is speeding and hits her. Abby suffers injuries and needs compensation for medical bills, lost wages, and property damage. A jury might find that she is 30% at fault while Brian is 70% at fault.
Precedents
Determining who is responsible for a car accident can be difficult, mainly when multiple factors contribute. In these situations, comparative negligence enables a more equitable distribution of blame.
The state follows a modified version of comparative negligence, different from pure comparative fault rules used in other states. The modified version still allows injured parties to recover damages, but their degree of fault will impact the final settlement.
For example, let’s say that a jury awards the Driver $100,000 in damages for their injuries. If a judge determines that Driver A was 40% at fault for the accident, their compensation will be reduced by 40 / 100. This is why many car accident Corpus Christi lawyers recommend working with a lawyer who has experience handling car crash personal injury claims and understands comparative negligence.
Damages
It might be challenging to pinpoint the cause of an accident when one happens. The comparative negligence rule may help determine a claimant’s compensation in cases involving multiple defendants.
Suppose Abby drives into an intersection and turns left without exercising reasonable care. Meanwhile, Brian is reckless driving ticket attorney ny 20 miles per hour over the speed limit and collides with Abby’s car, causing personal injury to her.
Comparative negligence rules allow a plaintiff to recover damages even when they’re partially at fault. However, their awards will be reduced by their percentage of fault. Abby’s injuries are worth $100,000, but she will only be able to recover $70,000 (100,000 minus 30%). Most states have a modified version of the comparative negligence rule that prevents injured parties from recovering if they’re found to be 50% or more at fault.
Settlements
A jury will determine how much fault is attributed to each party in the accident. A victim’s financial recovery will then be reduced by the percentage of their contribution to the accident. For example, if a jury finds you were 80% responsible for an accident and the other Driver was 20%, your settlement will be reduced by 10%.
Some states have implemented a modified comparative negligence rule that caps how much fault you can recover. For example, if a jury determines you are 50% or more responsible for an accident, you will be barred from recovering any damages. However, it is a pure comparative negligence state, so you will not be barred from recovering compensation for your injuries. This makes it easier to pursue a car accident personal injury claim.
Trial
If you have been injured in a car accident, you are probably asking for compensation to cover your medical bills and other expenses. The insurer of the Driver who hit you may try to apportion some blame to you, and this is where comparative negligence comes into play.
Most states use some form of comparative fault rules. Some of these are pure comparative fault systems, which allow you to recover damages regardless of your degree of fault for the accident. The rules are more restrictive in other states. Under modified comparative negligence, you can’t recover any damages if a jury finds you more than 50% at fault for the crash. This is known as the 50% bar rule.
