In the city of San Luis Obispo, many people have the following question after an accident: Can I still pursue compensation if I am partially at fault for my injuries? Many people will avoid seeking compensation for injuries or property damage because they believe that an accident was partly their fault. This can be a mistake. When both parties are found to be partially at fault for an accident, a judge will use what is known as the comparative negligence rule when determining the final amount of an award.
Comparative negligence is the legal idea that the victim in an accident shares partial responsibility in an accident. When a victim sues for compensation and wins, the judge will calculate the final award and then reduce it by the percentage that the victim is found to have contributed to the accident that caused the injury or property damage.
For example, Sue and Jamison are in a vehicle collision. After listening to the facts of the case, the judge finds Sue to be 75 percent at fault and Jamison to be 25 percent at fault. Jamison has sued Sue and after determining the amount of compensation that Sue is required to pay, it is reduced by 25 percent, or the percentage that the judge has deemed Jamison to have been at fault.
No person who is injured in a vehicle accident should assume that they do not have the legal proof necessary to be awarded compensation for medical bills and more. An attorney experienced in vehicle accident law should be consulted for assistance in determining whether or not filing a lawsuit is the right course of action.
