Victims bringing a claim still need to prove certain elements of their case (such as foreseeability), but unlike other types of cases, the victim's
comparative fault does not come into play.
Comparative fault does exactly what it sounds like it might do; it compares each driver's fault and allows them to recover an amount reduced in some way by their amount of fault.
If an issue of
comparative fault does arise in your case, contact a Boston car accident lawyer.
Not exact matches
Texas uses a «modified»
comparative fault rule to decide what to
do when the person seeking compensation is also found partly at
fault for the accident.
Comparative negligence
does not bar you from recovering financial damages, but someone else
does need to be more at
fault than you are.
Under the principal called
comparative negligence, if you
do bear some of the
fault, the amount of compensation you can receive is reduced by your percentage of
fault.
They will
do this because Idaho uses a standard
comparative responsibility statute, which will lower your compensation by the amount of
fault the court decides you should bear.
Next, the court considered the Sellers» argument that the
comparative fault doctrine
does not apply to negligent misrepresentation cases.