Understanding Comparative Fault in Car Accident Claims

by | Sep 17, 2024

Car accidents are stressful, but things get even more complicated when both drivers are partially at fault. This is where comparative fault comes into play. It is essential to understand how this rule affects car accident claims and what it could mean for the compensation you’re entitled to.

In this blog, we’ll explain how comparative fault works and why having a personal injury lawyer on your side can make all the difference when navigating the claims process.

What Is Comparative Fault?

Comparative fault is a legal rule determining how much responsibility each party has in an accident. In some car accidents, both drivers may have contributed to the crash somehow. Under comparative fault, each driver’s level of responsibility is assigned a percentage. 

This percentage can reduce the compensation you receive in your car accident claims. For example, if you’re found to be 20% at fault for an accident, your compensation will be reduced by 20%. That means if your damages total $10,000, you would only receive $8,000.

How It Affects Car Accident Claims

Comparative fault directly impacts the amount of money you can recover in your car accident claims. The higher your percentage of fault, the less compensation you’ll receive. It’s essential to accurately prove the other party’s fault to ensure fair compensation.

Working with a personal injury lawyer can help you gather the necessary evidence to minimize your percentage of fault. This could include witness statements, traffic camera footage, and accident reports. The goal is to show that the other driver bears the most responsibility.

Working with a Personal Injury Lawyer

Dealing with a comparative fault can be tricky, especially when negotiating with insurance companies. Insurers may try to assign more blame to you to reduce their payout. This is where having a personal injury lawyer becomes crucial.

A lawyer can work to defend your claim and ensure that the fault is distributed fairly. With their help, you’ll be better positioned to maximize your compensation and reduce the fault placed on you.

Let Anderson & Associates Help You Navigate Comparative Fault

At Anderson & Associates, we’ve helped hundreds of clients handle complex car accident claims involving comparative fault. We’ll fight to protect your rights and ensure you get the compensation you deserve.

Contact us today if you’re involved in a car accident whose fault is shared. We’ll help you navigate the legal process and work to minimize your liability.

Lynn R. Anderson

Lynn R. Anderson

Lynn R. Anderson, a senior attorney at Anderson & Associates Law Firm, specializes in personal injury, estate planning, and business law. With over 30 years of experience, he is known for his personal touch and effective negotiation skills. A Tulsa native, Lynn enjoys photography and blogging about current events. He is married with two children and four dogs.