How does comparative negligence affect my school bus accident claim?
In Alaska, comparative negligence affects your school bus accident claim in that it can reduce the amount of compensation you receive. Comparative negligence means that both parties involved in an accident can be partially responsible for the outcome. This means that if you were partly responsible for the accident, then your damages may be reduced accordingly. For example, if the accident was caused by a combination of the driver’s negligence and your own negligence, the judge or jury may divide the damages amongst you and the other party. If you were found to be 40% responsible, then your compensation would be reduced by 40%. Comparative negligence is based on the idea that reallocating blame and liability to the parties that are responsible is the fairest way to determine damages. In most states, if you are found to be more than 50% responsible for the accident, you are not legally allowed to recover any damages for your losses. However, there are some exceptions in Alaska, including intentional misconduct and gross negligence claims, so it is important to speak to an experienced school bus accident attorney to ensure that all your rights are protected. It is important to note that proving negligence can be difficult, so it is important to keep any evidence relevant to the accident, such as witness statements and photos.
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