What if the injured party was partially at fault for the accident?

Partial responsibility for an accident in California can significantly impact a brain injury claim. Depending on the circumstances, a person can still recover damages even if they are found to be partly at fault. This is known as comparative negligence, or “fault-splitting”. To determine the amount of damages granted to the injured party, a judge or jury will examine the details of the accident and determine what percentage of the blame was shared by each party. For example, if one party was found to be 70% responsible for the accident and the other was 30% responsible, then the injured party can still pursue a claim, but they can only recover 70% of the damages following a successful outcome. In addition to being found partially liable for the accident, a person may also forfeit their right to recovery in a brain injury case if they were not wearing a helmet or seat belt at the time of the accident. These safety measures are in place to help protect individuals from serious injury should an accident occur, and not utilizing them can result in a denial of the claim. It is important to note that accidents involving brain injuries that occur in California must be taken seriously. The injured party has rights, no matter how they were involved in the accident. It is best to speak with a personal injury lawyer to ensure that the injured party’s rights are protected and they can pursue a fair settlement.

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What if the injured party was partially at fault for the accident?

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