What does comparative negligence mean in a pedestrian accident case?

Comparative negligence is a legal concept that applies to most personal injury cases, including those involving pedestrian accidents in West Virginia. In such cases, comparative negligence assigns responsibility for damages based on the percentage of responsibility each party holds. For example, in a pedestrian accident case, if a pedestrian is found to be 10% responsible for their own injury and the driver is found to be 90% responsible, the pedestrian would be eligible to receive up to 90% of the damages they are due. In West Virginia, a modified comparative negligence rule is used. Under this rule, if it is determined that the pedestrian is 50% or less at fault for the accident, they are still eligible to receive damages for their injuries, although the amount they receive will be reduced according to their percentage of fault. However, if the pedestrian is found to be more than 50% responsible for the accident, then they cannot receive any damages. Comparative negligence is an important concept to consider in the context of a pedestrian accident in West Virginia. It is important for pedestrians to understand their rights and responsibilities under the law, so that they can ensure that they are receiving all the compensation they are due.

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What does comparative negligence mean in a pedestrian accident case?

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