June 28, 2022


Let'S Talk Law

Understanding Comparative Fault In Personal Injury Cases

When involved in a car accident that resulted in damages, you have to be aware of comparative fault. This is a concept that is also known under the term comparative negligence. It applies in several US states. If you live in one, personal injury cases might be quite different than what you might expect, especially when dealing with complex cases like truck drivers truck accidents. Instead of having to go after one party, you might need to go after several ones when you file your claim. 

Personal Injury Cases And Comparative Fault

Comparative fault is a part of tort law. It applies in the states that have casualty insurance, like Colorado, California, and South Carolina. In these states, if an accident happens, the negligence and/or fault of every single involved party is analyzed. This is done to figure out accident contributions. Then, insurers can assign blame, which will then lead to making specific insurance claim payments based on the fault of the individual involved. 

Simply put, because the state recognizes such a legal agreement when involved in the car accident, you can still recover monetary compensation even in the unwanted situation in which you had some fault for what happened. Or, when a person had partial financial responsibility, he/she might still need to pay for some damages even when the party that has the primary fault is someone else. 

In most cases, comparative negligence is utilized when there is a need to assign blame during car accident investigations. Both or all drivers might have broken the law. In this case, all end up being denied a claim. In other cases, someone was much more at blame than others. This is why insurers actively assign blame based on percentages, like 30{48802e074c5f965745cb161aba42404553935aa8d7cf9aecda1745fcd7825477} or 50{48802e074c5f965745cb161aba42404553935aa8d7cf9aecda1745fcd7825477}. 

Insurance claims can become quite complicated in so many situations. In the event that comparative negligence is questioned, this is very true. Insurance adjusters are going to argue because they will say that the party filing the personal injury claim shares a part of the blame. This basically means that a part of the financial losses is the responsibility of the injured party. 

What To Do

When talking about comparative fault, it is really important to be wary of the leading statements and questions that the insurance adjusters will use. This is true even for the innocuous ones. Never get manipulated into making any fault admission. This is definitely going to end up being used against you at a later point in time. 

Adjusters tend to use some quite tricky questions. For instance, you will be asked if there is a possibility that you were distracted or that you turned your head towards the baby placed in the back seat. Something even shadier can be asked, like whether it is harder for you to see during the night. Even when you are asked how you are today, if you say that you are fine, this might be evidence used in the future.

At the end of the day, it is really important that you have a personal injury attorney by your side. This is especially necessary when talking to the police or with insurance adjusters.