Navigating Partial Fault in Car Accident Claims

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Being partially at fault in a car accident doesn’t necessarily prevent you from pursuing a personal injury claim, but it can impact your compensation under comparative negligence laws. This guide explains how shared blame affects your case and outlines steps to protect your rights, particularly when dealing with serious injuries or vehicle damage.

Understanding Comparative Negligence

Comparative negligence laws distribute fault among parties involved in a car accident. In a pure comparative negligence system, you can recover damages even if you’re 90% at fault, though your compensation is reduced by your fault percentage. In contrast, some states use contributory negligence, barring recovery if you’re even 1% responsible. Understanding your state’s system is essential for a successful personal injury claim.

Partial Fault in Car Accidents

Fault in a crash may arise from actions like speeding or failing to yield. If you’re partially at fault—for example, speeding while another driver ran a red light—you can still recover damages. Comparative fault principles allow compensation proportional to the other party’s greater responsibility, covering pain and suffering, medical bills, and property damage.

The Role of Insurance Companies

Post-accident, insurance adjusters analyze police reports, photos, and witness statements to assign fault. If you’re deemed partially at fault, the insurance company—yours or the other party’s—may reduce your compensation. A personal injury attorney can negotiate with the driver’s insurance to ensure fair treatment and preserve your legal options.

Comparative Negligence in Personal Injury Claims

In personal injury law, comparative negligence assesses how each party’s actions contributed to the accident. Even if you’re partially at fault, you may have a strong case if the other driver was more reckless, such as speeding excessively or driving under the influence. Evidence like police reports and video footage is critical to establishing each party’s percentage of blame.

How a Lawyer Bolsters Your Case

A personal injury lawyer clarifies your rights, even if you share blame. Kaiser Romanello Accident & Injury Attorneys has successfully secured verdicts for clients with partial fault. Through a free consultation, we evaluate medical expenses, lawsuit potential, and insurance claim strategies, empowering you to navigate the process confidently.

Steps to Protect Your Claim

To strengthen your case, photograph the accident scene, injuries, and damage, and secure a police report to support your account. Review your insurance policy and the other party’s for coverage details, and track medical bills to document losses. Contact Kaiser Romanello at 844-877-6679 for a free case evaluation to explore your options, even with partial fault. Visit our car accident page or complete our online contact form for more information.

Take Action Today

Don’t let shared responsibility stop you from seeking compensation. Call Kaiser Romanello Accident & Injury Attorneys at 844-877-6679 for a free consultation. We’ll guide you through comparative negligence, insurance claims, and lawsuits to secure fair recovery. Disclaimer: This content is informational only and not legal advice. Each case is unique; consult our attorneys for tailored guidance.

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