Can I Still Have a Claim if the Accident Is Partly My Fault?

Depending on the situation, there may be multiple parties who are at fault for an accident.

If you are injured in an accident, and it is partially someone else’s fault, you can still have a claim for your injuries. You can also file a lawsuit against the wrongdoer. Then the person who is sued (the defendant) can assert what is called a contributory negligence claim against you if they allege that you were entirely or partially at fault for your own injuries.

If the defendant is able to prove that you were entirely at fault for your own injuries, you may be totally barred from recovering damages. If the defendant is able to prove that you were partially at fault, your damages may be reduced to reflect your own role in causing your injuries.

Kristal M. Cowger, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.

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