It’s not at all unusual for both parties to an accident to be at fault. This is especially true in slip-and-falls and trip-and-falls and motor vehicle accidents when one of them is turning. If you were seriously injured in an accident that you were partially at fault for, you can still recover in an overwhelming majority of states.
If you were partially at fault for an accident, the law of comparative negligence applies. What comes to issue is whether you were in a modified comparative negligence state or a pure negligence state.
Modified Comparative Negligence State
In either type of state, liability for the accident is weighed between the parties and apportioned. A percentage of liability is then assigned to each party. In. modified comparative negligence states, if a claimant is more than 50% at fault, he or she is not eligible for compensation for their injuries and damages.
Pure Comparative Negligence
Pure comparative negligence states are different. A claimant can pursue damages even if he or she was more than 50% at fault. For example, a driver can be determined to be 80% at fault for an accident and still be awarded 20% of the value of the damages claimed.
Auto insurers routinely allege comparative negligence by a victim, even if it didn’t occur. An experienced auto accident attorney Seattle-based can make a preliminary determination of comparative negligence for you. The opposing insurance company might contact you wanting a recorded statement so it can try to get you to admit to comparative negligence. You’ll best protect your rights and interests by refusing to give any type of a statement to the other insurance company, no matter how its representative might try to intimidate you. Protect your rights and interests by consulting with a quality car accident attorney right away.