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Frederick J. Brynn, P.C.

Car Accident Lawyer

If you’ve been in a car accident, one of the first matters that you need to determine is who was at fault. This can be difficult, especially given how much stress you are under. After a car accident, most people are not thinking clearly. This is why it’s imperative to have eyewitness statements and to rely on police reports for the information. Likewise, photographs can often tell a story about the accident. If you discover you are partially at fault, you still may be able to file a claim against the other driver.

No Fault

In a no fault state, fault does not matter. In these states, your insurance company automatically pays for your damages. While there is a specified limit, in minor accidents this generally isn’t a problem. The reason for a no-fault state is to lower the cost of insurance. The idea is that if you remove the ability to sue, then the insurance costs will drop. Each person receives compensation from his or her own insurance company. Now, if the car accident happens to be serious and you suffer injuries that go beyond the limitation, then you may sue the other driver. However, if you are at fault, this may change what you are able to sue for.

Comparative Negligence

If you are partially at fault in a car accident, this does not mean that you can’t file a claim at all. In some states there is comparative negligence. Say that you’re in a car accident due to speeding, whereas the other driver ran through a traffic light. Both of you were violating the traffic laws at the time of the accident and your negligence may have helped cause the wreck. However, in this case, you may not be at complete fault. Comparative negligence takes a look at both parties and determines who was at fault. If the other person was more than half at fault, then he or she will be liable for damages.

Car accidents are stressful for everyone involved. In some cases, it’s not always easy to tell who’s fault it was. In other instances, both vehicles may be responsible for the accident. When this happens, you do not necessarily have to count out filing a claim. If you were partially at fault, you may have to settle for less compensation than you would if the other driver was solely at fault. Consult with a car accident law firm in Woodland Hills, CA today to find out what you’re entitled to receive.


Thanks to Barry P. Goldberg for their insight into personal injury cases and partial blame from a car accident.

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