When you become involved in a car accident and get hurt, typically, you are allowed to collect monetary compensation for your losses from the driver whose actions caused the crash to occur.
What happens, though, if both you and the other driver share the blame for the crash? Can you still get compensation if you were partly at fault? The good news is, in most cases, the answer is yes. However, the outcome of your case and the ability to recover payment for your damages is going to depend on a few key factors.
Berry Law can help you determine if you can pursue a claim for damages after a car crash that you share the blame for, and our experienced auto accident lawyers in Omaha will do everything we can to help you get the money you deserve if you have a right to it under the law. Give us a call today to schedule a free consultation and learn more.
Getting Compensation for a Car Accident When You Were Partly At Fault
There are laws in every state that determine whether you can get compensation for a car accident where you share the blame. These laws are called contributory or comparative negligence laws.
- In contributory negligence states, if you share the blame, you are not allowed to get compensation if you have any responsibility for the accident. Only a small minority of states follow this rule.
- In pure comparative negligence states, you are allowed to get compensation from a driver who played any part in causing your accident, even if they were 1% to blame.
- In modified comparative negligence states, you can get compensation only if the other driver was at least 50%, or at least 51%, responsible for the accident, depending on the rules of the specific state. In Nebraska, for example, you can pursue a claim as long as you are less than 50% to blame, and in Iowa, you can pursue a claim unless you were 51% or more to blame.
Most states follow either pure or modified comparative negligence rules. In these locations, you will get partial compensation based on your percentage of fault. If you suffered $100,000 in damages and the other party was 60% responsible, for example, then you would collect compensation for $60,000 of your $100,000 in damages.
The Stakes Are High in Shared Fault Car Accident Cases
In cases where there is an issue of shared fault, the stakes can be very high. That’s because the difference between being found to be 49% to blame, versus 50% or 51% to blame, can determine whether you recover $0 or a substantial sum.
It’s critical that you have a skilled and experienced attorney specialized in personal injury law representing you in these difficult claims so you can make sure you are able to provide clear evidence of the percentage of fault that should be attributed to the other driver.
Berry Law has a long history of successfully representing clients in auto accident cases involving shared blame. We will gather evidence from the scene, obtain police reports, and find experts who can testify about who was to blame so you have a chance to get justice.
To find out more about the assistance we can offer, and to get a dedicated car accident attorney working on your claim, give us a call today to schedule your free consultation.
