Many car accidents are not the fault of a single driver. For example, if a driver pulls out in front of an oncoming car, but that oncoming car exceeds the speed limit, both drivers may share the blame for the crash. This is known as comparative negligence. States have different standards that they use to assess comparative fault. It is essential to contact an attorney licensed in the state where the accident happened who can explain the laws of that particular state.
How Share of the Blame Factors In Compensation
In some states, once the percentage of the fault has been determined, compensation amounts will be adjusted. Each at-fault party’s compensation will be reduced by the percentage of fault he or she has been assigned. For example, if you are given 20 percent of the fault for the crash, the amount you can receive from the other party’s insurance company will be reduced by 20 percent. However, any party whose fault exceeds 50 percent will not be eligible to recover any compensation from the other parties involved. If one of the drivers involved in the crash is assigned 51 percent or more of the fault, he or she may be held liable for the legal expenses of the other drivers.