Are damages recoverable by a negligent car accident victim?

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Car Accidents, on Sunday, August 9, 2015

Rarely does a car accident happen with multiple vehicles in which just one of the drivers was clearly the only one at fault. The more common situation is where the evidence points to more than one person in assessing liability.When an accident victim sues a negligent driver for compensation, then any negligence attributed to the victim could diminish the damages recoverable. The negligence of an accident victim who suffers a serious injury does not prohibit that person from suing and collecting damages. It might, however, diminish the amount a judge or jury would award. If a Barnstable County car accident is caused by a drunk driver, the driver of the other car might sue for medical expenses, lost wages and other compensation. The negligent driver may choose to defend the lawsuit by asserting that the accident victim was a distracted driver who was texting and driving. The burden is on the defendant to prove negligence on the part of the victim in order to reduce the damages the defendant, or the defendant’s insurance company, might be forced to pay.Evidence of comparative negligence might be revealed during the accident investigation conducted by police at the time of the car accident, or it might come from an investigation conducted later by the law firm representing defendant. Regardless of where it comes from, the defendant must prove plaintiff’s negligence in order to reduce liability.Comparative negligence is used by courts in Massachusetts to reduce the damages awarded to the car accident victim by the percentage to which the victim’s negligence contributed to causing the accident. Legal advice about comparative negligence should not come from posts such as this one. Only a personal injury attorney should be consulted for legal advice about what to do to collect damages following a car accident.