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What if one of the accident victims was also at fault?

1 Nov 2016

It happens every day. Someone is driving down the road when suddenly they are hit by another driver. The accident is due to the other driver’s negligent behavior, and now the victim has to spend time in the hospital and years in therapy. With all of this, they still have to prove the other driver’s negligence. Personal injury claims and accident claims can be difficult to prove unless you have the experience and knowledge of an attorney. If one of the victims in the accident is also partially to blame for the accident, this can cause more difficulty in the case. The outcome depends on which state the accident occurred in. Below is more information regarding a victim who is also at fault.

Comparative Negligence

Most states use comparative negligence in accident cases where one of the victims is partially to blame. For instance, If it can be proven beyond a reasonable doubt that the plaintiff was texting or changing the radio station and not paying attention, this proves the accident could have possibly been avoided if they had paid more attention. In this case, the plaintiff would receive only a percentage of the claim. If it is proven that the accident is 30 percent their fault, the plaintiff would then receive 70 percent of the claim. In a case where the plaintiff’s family member dies, if the defendant can prove that the accident was partially the other parties fault, the family or beneficiaries of the plaintiff would receive partial compensation according to what percentage of fault was the plaintiff’s deceased family member.

Contributory Negligence

Only a few states still use contributory negligence. In these types of personal injury cases, if the defendant can prove that the accident was partially caused by one of the victims in the other vehicle, the plaintiff receives nothing in the form of compensation. If the victim dies, the victim’s family members or beneficiaries would receive nothing if it is proven that their family member partially caused the accident.

Winning a negligence case

It can be difficult to prove negligence beyond the shadow of a doubt. Because of this, it is important to have an experienced, knowledgeable attorney on your side who knows every aspect of negligence cases. To prove negligence, you must obtain plenty of physical evidence. Medical records, police reports, public records and eyewitness statements are all counted as physical evidence. It is imperative that the plaintiff write a statement describing how the accident happened in their own words. Photographs are excellent sources of evidence but can sometimes be difficult to get due to injuries and the seriousness of them.

An experienced attorney knows that a defendant may try to destroy evidence. In this case, he will send the defendant a letter telling him not to destroy the evidence. If he receives the letter and then destroys evidence, the attorney will file a spoliation motion in court and the destroyed evidence will be viewed favorably. The attorney will also hire specialists to recreate the accident and car crash experts who can determine exactly what happened. The attorney can also subpoena video footage. These are all things an individual could not do on their own.


If you have found yourself in an accident that was due to the negligence of someone else or your family member was killed due to someone else’s negligence, you should immediately contact an experienced attorney who handles negligence cases. The statute of limitations only allows you a certain amount of time to file a claim. The attorney will know the statute of limitations for your state and can get you going right away.

Don’t wait another minute and let the defendant get away with the pain and suffering they caused you and your family. Let a professional attorney who knows every aspect of negligence and knows exactly what evidence to retrieve to win your case work for you. Let the experts handle it today and get you and your family on the road to recovery tomorrow.

Need legal help? Our Los Angeles car accident attorneys and Los Angeles personal injury attorneys are available to help whenever, and wherever, you need it.

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