Who's at Fault for an Accident FAQ

Questions:

• What is negligence?
• How do I legally prove who was at fault for an accident?
• Can I get compensation for my injuries if the accident might have been partly my fault?
• Can I get compensation for my injuries if my physical limitations made the accident more likely or made my injuries worse?

Answer:

Can I get compensation for my injuries if my physical limitations made the accident more likely or made my injuries worse?

Say you have a bad knee, which makes one leg a bit unsteady. Or your eyesight, even with glasses, is not very strong. If you fall on a broken stair, are you still entitled to compensation even though someone with stronger legs or better eyesight might not have fallen?

Absolutely. All people, regardless of physical ability, have a legal right to make their way through the world without unnecessary danger. Owners and occupants of property must not put in unnecessary danger any person who might reasonably be expected to be on the property. The same goes for drivers and everyone else -- no one may create unnecessary danger for anyone whose path they might cross.

For a resource that shows you how to handle almost every accident situation and guides you through the insurance claim process, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).