What if I’m partially at fault for a car accident in which I sustained injuries? Can I still sue?
In order to recover any compensation in a car accident lawsuit, you have to prove that someone else’s negligence contributed to or caused your injuries. If you were involved in a car accident where you were injured but partially at fault, you can still bring a claim against any at-fault parties but your damages will be reduced.
Under the Negligence Act, the courts can determine the degree of fault of each person. That means if the other driver can provide that you were partly at fault or responsible for your injuries, your settlement or trial verdict will be reduced by your degree of fault.
There are several ways to determine fault for the purpose of a lawsuit which require examining a variety of sources including evidence from the accident scene, police reports, traffic citations, medical records, eyewitness statements, photographs and drug or alcohol test results.
Navigating the complexities of a lawsuit after a car accident can be challenging. An experienced personal injury lawyer can assist you in collecting the evidence and ensuring that you are protecting yourself from allegations of fault and protecting your rights.
