Car Accidents: What is Comparative Negligence?

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West Virginia car accident cases are decided based on a modified comparative negligence system – a method that allocates a percentage of fault to each party involved in a car accident. Comparative negligence means that even if you are partially at fault for an accident, you may still be able to recover compensation through a personal injury claim.

However, you must be 49% or less at fault in order to be eligible for compensation. If a jury decides that you are 50% or more at fault for the car accident, you will recover nothing. This is known as the “equal to or greater than” rule.

For example, if someone makes a left turn and strikes your vehicle, but you happen to be driving over the speed limit, they may be found 80% at fault for failing to yield, while you may be found 20% at fault for speeding. Since you are well under 49%, you will be able to obtain compensation for your injuries, but the amount of your payout will be reduced by 20%.

Our experienced Morgantown car accident attorneys Jim Leach have decades of experience fighting on behalf of injured car accident victims throughout West Virginia. We will build the strongest case possible on your behalf in order to lower the percentage of fault that you are assigned, maximizing your compensation.

If you have been injured in a West Virginia car accident, please contact Jim Leach, L.C., today or call 304-865-8530 to schedule a free case evaluation with one of our experienced Morgantown car accident lawyers. We represent injured car accident victims throughout West Virginia.