“Comparative fault” is the legal term for situations in which more than one person is – or may be – at fault for an injury. Even in cases that appear to be very clear – like rear-end collisions – the defense will sometimes claim that you or another driver was partially at fault. Sometimes these arguments are not worth two cents, but sometimes there is some real potential that the blame could be put on you. In these cases, you may still have a right to payment, but the amount could be reduced by whatever percentage of the fault is placed on you or on some other person.
These arguments rarely come up in the initial conversations with insurance adjusters, and you might think you do not need a lawyer until you are far down the road. Calling us as soon as possible after an accident allows us to be on your side during all of the insurance company’s investigation and phone interviews. When you truly are partially at fault for an accident, we can discuss the options with you at the beginning. You may still be entitled to a substantial settlement. You may have had passengers who have claims against you as well as the other driver. How to weigh their interests can be a tough question, and one thing your lawyer cannot do is represent you at the same time that they represent people with claims against you. We can go over all of those issues with you at the very beginning of the case, or as they come up later in the case, so that you understand why and how they will affect your rights.