Personal Injury

Negligence

I was in a car accident, but I think I can prove it was not completely my fault. Will this make a difference with regard to what damages ultimately are awarded?

In the past the rule was that if you could prove the other driver contributed in any way to the accident, he or she could be totally barred from recovering anything from you. But now most states have rejected such harsh results and instead look at the comparative fault of the drivers. If a jury finds that you were negligent and that your negligence, proportionally, contributed 25 percent to cause the injury and that the defendant was 75 percent at fault, the defendant would only be responsible for 75 percent of your damages, or $75,000 if your damages totaled $100,000. In some states, a plaintiff may recover even if he or she were more negligent than the defendant, that is, negligent in the amount of 51 percent or more.

>>If someone causes an accident and I am hurt, on what basis will that person be responsible (liable)?
>>What’s an example of negligence in a car accident?
>>Who decides whether someone is liable because of negligence?
>>I was in a car accident, but I think I can prove it was not completely my fault. Will this make a difference with regard to what damages ultimately are awarded?
>>I was injured when my automobile collided with a truck driven by a delivery person. Can I recover damages from the driver or the employer?


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