How Contributory Negligence Factors Into a Car Accident Lawsuit
Often, car accidents have multiple points of fault. For instance, one car runs a stop sign and causes an accident, but the driver of the other vehicle was not wearing a seatbelt. Had the other driver been wearing a seatbelt, their injuries would have been far less extensive.
Who is at Fault and in What Proportion?
In this case, the driver who wasn’t wearing a seatbelt would be at some degree of fault for their own injuries. This is called contributory negligence and what will factor into a personal injury lawsuit that determines liability and compensation for the injured parties.
How Does Contributory Negligence Work?
If an injured party is found to have contributed to the accident and subsequent injuries, the percentage of their compensation will be reduced by the proportion of their fault. This ensures that all parties who contributed to the accident only be held liable for their own percentage of fault. Consequently, if you have been injured in a car accident, but it was found that you were 25 percent responsible for factors causing those injuries, your compensation will be reduced by 25 percent.
How is Contributory Negligence Proven?
Negligence is broken down into key elements, each one requiring proof in itself. Proving negligence can be complicated and require substantial evidence.
Because both parties will often want to point fault at the other after an accident, it is critical to have the assistance of a personal injury lawyer advocating for you. A skilled lawyer will conduct in-depth investigations including getting witness interviews, securing photos and video of the scene, reconstructing the accident with skilled professionals, and proving the nature and extent of the injuries.
If you have been involved in a car accident where another driver was at fault, it is important to get the advice of a Cambridge car accident lawyer to understand your rights as well as your options. Contact the personal injury attorneys at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights if you have been involved in a car accident.
