If you have recently been involved in an automobile accident where you were found to be partially at fault, then you are likely wondering if you are still able to recover any compensation for the damages you have suffered. Thankfully, the answer to this question is yes, due to the comparative negligence tort laws currently in effect in most states.

Here is some basic information on comparative negligence to help you gain a better understanding of how it works prior to making an appointment with a personal injury lawyer in your local area:

Comparative Negligence Basics

Under comparative negligence tort law, you are able to recover damages from an automobile accident where you were found to be partially at fault. However, any damages that you recover will be adjusted according to the percentage of fault for the accident that is assigned to you. Typically, this fault percentage is assigned by law enforcement officers after they have had time to process the scene for any evidence and have spoken to any eye witnesses.

The easiest way to understand how the comparative negligence process works is through a simplified example:

Comparative Negligence Example

Assume for a moment that you have been involved in an auto accident where you were found to be 25% at fault. Using simple math, the other driver is then found to be 75% at fault for the accident.

Also, assume that your actual damages for your vehicle total $20,000 and your future medical bills are expected to be $100,000. Adding the two amounts together, your total damages for the accident are $120,000.

Under the law of comparative negligence, you will be able to collect 75% of the total $120,000 in damages you have suffered. So, the maximum you would be able to recover is $90,000.

You are not eligible to collect the other 25% ($30,000) because it is the portion of your damages that relates to the percentage of the accident that you are personally responsible for having caused.

Final Thoughts

Now that you have a better understanding of how you can recover damages from an automobile accident where you were found to be partially at fault, you should make an appointment with a local personal injury attorney who can review your case with you. A local personal injury lawyer is the best person to inform you of the laws in your state as they pertain to your specific case.

For more information, contact Schlicter & Schonack LLP or a similar firm.