Traffic Accidents FAQ

Questions:

• What should I do if I'm involved in a traffic accident?
• What determines who is at fault in a car, truck, motorcycle, or bicycle accident?
• Can I be found liable if my car is rear-ended in a crash?
• Is a car making a left turn always at fault in an accident?
• What if one of the accident victims was also at fault?
• If a motorcyclist isn't wearing a helmet, can they still recover for injuries caused by another driver?
• If I am the victim of a trucking accident, who can I sue?
• If a bike and car collide, who is at fault for the accident?

Answer:

What if one of the accident victims was also at fault?

If a victim's actions are at least partially to blame for a vehicle accident, compensation for that person's injuries or property damage may be limited or barred completely, depending on where the accident occurred. In states that use the comparative negligence system, if both parties to an accident are negligent, fault is allocated between the parties. This means that the victim will not be able to recover fully for injuries or damages, but may get partial compensation. In states that follow the contributory negligence system, if both the victim and driver are negligent, the victim is barred from any recovery at all. Because the results in a contributory negligence system can be harsh, few states use this system. To learn more about comparative and contributory negligence, see Nolo's article Car Accident Defenses: Contributory and Comparative Defenses.