Car Accident Compensation with Partial Fault
Sometimes, a car accident involves some degree of fault by both parties. For example, you may have been traveling slightly over the speed limit when another driver turned in front of you. In this situation, it may be determined that your speeding played a very minor role in causing the accident.
If you suffered injuries from the accident, your ability to receive compensation depends on the US state in which you reside. Negligence (fault) is determined based upon:
- Contributory negligence
- Comparative negligence
- Modified comparative negligence
Most US states, including Ohio and West Virginia, have adopted a modified comparative negligence method in determining fault and compensation.
Comparative negligence recognizes both drivers can be partly at fault. Under pure comparative negligence, a judge or jury determines the degree of fault for each party, and then damages are apportioned to each party based directly on the degree of fault.
Contributory negligence is used by only five US states. Under this apportionment law, if you are at fault to any degree, then you cannot receive compensation for your injuries.
In West Virginia, the 50 percent rule of modified comparative negligence means you can receive compensation if you are 49 percent or less at fault. In Ohio, the 51 percent rule stipulates that you can be 50 percent or less at fault and still receive compensation for your injuries. In both modified negligence laws, the amount of compensation corresponds to the degree of fault.
If you live in West Virginia or Ohio, including Parkersburg and Belpre, and have been in a car accident, please contact the experienced car accident lawyers Jan Dils & Jim Leach, Attorneys at Law, PLLC, to schedule a consultation.
This entry was posted on Wednesday, January 25th, 2012 at 4:58 pm and is filed under Car Accident. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.
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