In many car accident situations, it is very clear which driver was as at fault. For example, you may be driving along just under the posted speed limit when, seemingly out of nowhere, another driver on a cross street runs a red light and slams into your car. That driver would almost certainly be at fault for the accident and potentially liable for any injuries you sustained. What if, however, the driver ran the red light and hit you, but you were texting while driving and, therefore, did not react in time to avoid the accident? If you have been injured in accident such as this, you may share in the liability for your own injuries
Determining a Percentage of Liability
When multiple parties are each partially to blame for car accident that resulted in bodily injury, it is us to the parties involved—or the court if the case goes to trial—to determine which portion of responsibility should fall on which party. As you might expect, those whose actions or negligence which are considered to have contributed more to the accident will be assigned a higher percentage of liability, while actions found to be less significant will have a lower percentage assigned.