It is important to determine fault in personal injury cases. If an accident causes harm to anyone, then in this situation, it is necessary to find out who was at fault for the incident. In some accidents, finding out whose negligence caused the injuries and damages is extremely difficult, especially when both parties have a role to play in the accident.
In this situation, shared fault applies. To pursue a personal injury case, it is necessary to know about shared fault. And also, be aware of how it affects personal injury cases. You can visit sites like www.allenandallen.com to learn more about legal options.
In this blog post, you are going to learn about the shared fault in personal injury cases.
What is a Shared Fault?
Shared fault is well-known as contributory negligence or comparative negligence. This law helps both the plaintiff and the defendant to be partially responsible for injuries and damages in a personal injury claim. The liable party should compensate the victim for all the damages sustained.
Every state practices a different set of rules for assigning fault.
The Shared Fault Applicable Under the Following Laws:
Comparative Negligence: In this type of comparative negligence, the plaintiff can recover compensation even though they are partially liable for the accident. Based on the liability, the plaintiff will get reduced compensation from the defendant. The states that follow these rules will assign a percentage of fault to both the plaintiff and defendant. Here are the types of comparative negligence:
- Pure Comparative Negligence: Under this rule, injured parties cannot recover compensation if they are just 1% responsible for the accident. New York, Florida, and California follow this rule.
- Modified Comparative Negligence: Most states practice this rule. If the plaintiff is found to be 50% or 51% at fault, then they cannot recover compensation. These percentages can differ from one state to another.
Contributory Negligence: Under this rule, the plaintiff cannot recover compensation if the other party proves that the plaintiff shared some fault for the crash. This means that if you were even 1% responsible for the accident, then you cannot get any compensation for your injuries and damages. This rule is followed in states like Virginia, North Carolina, Maryland, and Alabama.
When Shared Fault Takes Place? – Examples
In personal injury cases, shared fault can be found in the following accident claims:
Pedestrian Accident: A pedestrian who crosses the road unexpectedly or fails to observe the traffic sign can be hit by a car or any vehicle. So the pedestrian’s negligence caused the accident. Here, the pedestrian shares some liability, and their compensation will be reduced accordingly.
Slip and Fall Accident: In a shopping mall, if an accident occurs due to a slippery floor and the mall owner fails to fix it. Here, both the injured customer, who failed to spot the slippery floor, and the mall owner have shared fault.
Car Accident: If a car driver fails to notice the red light and another driver suddenly turns left, then in this situation, both drivers are responsible for causing the accident. Here, the other driver is eligible to claim compensation because their percentage of liability is comparatively less.
Final Thoughts
We hope our article has helped you learn about shared fault in personal injury cases. It is always better to be aware of your legal rights before pursuing the at-fault party.
You should get assistance from an experienced attorney who has handled personal injury cases. They will guide you in taking the right legal action to get fair compensation for all the damages and losses you have suffered.
