Can I get a settlement even if I was partially at fault?
In Hawaii, if you are partially at fault for a car accident, you may still be eligible for a settlement. This is known as a “comparative fault” settlement. Comparative fault means that if you were partially responsible for the accident, you may still receive compensation for damages to your vehicle and other economic losses, although the amount you can recover may be decreased based on the percentage of fault that is attributed to you. In Hawaii, the court will consider several factors to determine the percentage of fault that you are responsible for in a car accident. These factors include the speed of your vehicle, the speed of the other vehicle, any illegal turns or maneuvers, and any other details of the accident. The court will also consider whether you were distracted or impaired in some way while driving. In a comparative fault settlement, both parties are responsible for their portion of the fault. This means if you are found to be 25% at fault, you may still be eligible to receive 75% of the settlement amount as compensation for your damages. However, if you are found to be more than 50% at fault, you may not be eligible to receive any compensation. It is important to note that the court may not always assign fault in a car accident correctly. If you disagree with the court’s decision, you may want to seek legal advice from a qualified attorney. A lawyer can review the details of the accident and help you determine if you are eligible for a settlement.
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