When there is an accident on the road or any other event that causes injury,the first question that needs to be answered is “Whose fault is it?”. In an accident or an injury-causing accident,the blame can lie on both parties or several parties. This is where the laws in most states follow the principle of comparative fault,and why attorney are necessary.
What is comparative negligence? In an accident,that has led to injuries,deciding who is at fault is often a difficult task. It is many times not clear,and in fact,both parties can have acted in some ways that have caused the accident. A motorist can have been speeding and slammed into another car that has taken a turn without warning. Both parties are at fault. The blame can be split,and the responsibility for paying for the damages is decided by comparative negligence theories.
A court decides on apportionment or allocation of fault,and any claimed damages get reduced by the percentage of fault allocated to the person making the claim of damages. In some state,laws are in place,where if both parties are equally to blame,no damages are awarded. There are other states,that rule that even if there is contributory negligence by the party asking for damages,even to the slightest extent,they are then not able to claim any damages. There are still other states that will allow both parties to claim damages even if they are mainly responsible for the events leading to the accident.
Comparative negligence laws are complex and need proper interpretation by experienced legal help with an injury . Any claim for personal injuries must be examined in detail,and the effect of the comparative negligence law on it must be taken into account to ensure that any damages awarded will not be hurt by any interpretation of that law.