A personal injury case can involve more than one at-fault party. Fault is determined based on the negligence of a party that resulted in an accident. And several people can share responsibility. When it comes to shared blame, there are two laws that apply and the one that applies to your case depends on where you live. Because of the complexities of these laws, you need Orange County personal injury lawyers to help you understand them.
Comparative vs Contributory Fault
In states that have comparative negligence laws, every person’s percentage of fault is determined. Usually, this applies in car crash cases. Running a red light is a form of driver negligence that can cause an accident and when another driver turns too soon, they may contribute to the crash. When determining the amount of damage that can be collected, the party that is 60% at fault will get this share of the damage a settlement will award. Meanwhile, if a claimant contributed to their own injury, no party can be held liable under contributory fault law. Even if a party is only 1 percent at fault, they cannot get a portion of the damages that a case may award. The state of California follows a pure comparative negligence rule.
Negligence as a Foundation of a Personal Injury Case
The success of every personal injury case depends on proving the negligence of the defendant caused the victim’s injuries. Proving negligence involves showing that the defendant has an obligation to act in a way that won’t harm others. If this person owes a duty of care to the victim, breached this duty, and caused the victim’s injuries, they can be held liable for the resulting losses. In a car accident case, the victim must prove the other driver failed to act responsibly and reasonably. A good example is when a driver gets behind the wheel while drunk and causes an accident. But, there are a lot of other ways to a person can breach their duty of care. This is particularly possible when an accident involves a commercial truck. Several parties can be held accountable for the injuries and losses the victim has sustained. A claimant can turn to the truck driver, the trucking company, and the truck manufacturer for compensation, depending on the cause of the crash itself.
If you were involved in a road accident and you were partially to blame for it, you need a reliable attorney to help you get all parties responsible for your crash and injuries compensate you for your losses and injuries. Call a lawyer today and know your legal options and rights.