Car accidents can be very troubling, especially when you’re facing a defense that tries to shift blame to you. This situation is usually triggered via a comparative negligence claim, a common defense that attempts to make the defendant seem as minimally involved in the crash as possible.s
Thankfully, a good Denver car accident lawyer can help fight through this type of confusion and provide you with the defense you need. By fully understanding the defenses that you may face, you and your lawyer can work together to ensure that comparative negligence doesn’t cost you your award.
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What is Comparative Negligence?
Comparative negligence is a legal term commonly utilized in various personal injury cases, especially in car accidents. It states that all parties involved in the crash were at least partially responsible for what happened. For instance, the defendant may admit that they were driving too fast for the conditions but claim that the plaintiff was changing lanes inappropriately, as well.
In this legal defense, the defendant attempts to shift away as much of the blame as possible for the incident, often utilizing a percentage-based system that assigns responsibility based on how much the court thought a person was responsible for an incident. And the award that would have been won in the case is then decreased by whatever amount a person was found to be liable for the incident.
Some states may even throw the lawsuit out entirely if the defendant can successfully argue that the plaintiff was at least … Read More