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    Can You File a Lawsuit if You Are Partially at Fault for an Accident?

    Lakisha DavisBy Lakisha DavisFebruary 23, 2025
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    Can You File a Lawsuit if You Are Partially at Fault for an Accident?
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    San Diego follows strict rules regarding traffic laws, which can become complex when you need to follow the legal processing associated with a car accident. The typical scenario is to file a legal case against the at-fault person and recover the damages. However, what if you are partially at fault for the accident? Then, you have to seek help from a legal representative who can guide you on the state’s negligence law so that you can file a lawsuit properly.

    What are Negligence Laws?

    There is a law that determines how a fault will be assigned or how it will affect the ability to recover for the damages, and this is called negligence law. These are applicable in personal injury cases and usually vary across states. With the help of car accident attorneysSanDiego, you can get a better understanding of negligence law, which is categorized into three systems:

    1. Pure Comparative Negligence

    You can file a lawsuit to seek compensation, even if you are at fault for the accident. However, the compensation will be reduced based on the percentage of fault. So, if you are found to be 60% responsible for the accident, then a 60% deduction from your compensation will be made from your compensation.

    2. Modified Comparative Negligence

    You can seek compensation even if you are at fault, but your fault should not exceed a certain threshold based on state law, which can be 50% or 51%. If your fault surpasses the limit, you will be declined compensation.

    3. Contributory Negligence

    According to contributory negligence law, if you are found to be at fault to any degree, be it a 1% person, you will also be prohibited from recovering damages.

    Implications of Partial Fault

    There are specific implications when you are partially at fault for a car accident, such as a reduction in compensation and potential counterclaims. You will find that based on the degree of your fault, your financial recovery has reduced, and it becomes essential to determine the accurate percentage of your fault. Moreover, the other party can also counterclaim, alleging you are responsible. So, you are also liable to pay for the other party’s damages, which can complicate the case.

    Steps to Take If You Are Partially at Fault

    If you find yourself partially at fault, then here are the steps you need to follow:

    • You need to hire an experienced attorney who can assess your case and help you understand the negligence law based on the state. This would provide you guidance on the viability of the claim.
    • You also need to gather evidence, which includes a police report, photographs, videos, and witness statements, which would establish the extent of fault for both parties in the accident.
    • Moreover, it is necessary to familiarize yourself with the state’s negligence law to set realistic expectations based on the compensation you seek.

    Summing it Up 

    When you are partially at fault, you need to gain the ability to file a lawsuit, which will help you to achieve a potential recovery compensation based on the damages that have occurred. So, if you do not have negotiation skills, you must assign a car accident lawyer to negotiate on your behalf and help you get a fair settlement.

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    Lakisha Davis

      Lakisha Davis is a tech enthusiast with a passion for innovation and digital transformation. With her extensive knowledge in software development and a keen interest in emerging tech trends, Lakisha strives to make technology accessible and understandable to everyone.

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