If you were only partially at fault for your own injury, you are still a partial victim. In these cases, your compensation may be lessened by the percentage that you were at fault. For instance, if you were found to be 10 percent at fault for your own injuries, you will likely recover 10 percent less than what you would have recovered if you were 0 percent at fault.
Even if an accident or injury was partially your fault, you still may have a claim based on the concept of comparative negligence. The term "comparative negligence" means that the fault of all parties is compared and the amount of the recovery for damages suffered by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you will be found comparatively negligent. You also will be found comparatively negligent if you voluntarily expose yourself to danger — y riding a roller coaster without wearing a seat belt, for example, or working with a neighbor's power saw or other dangerous tool if you're inexperienced or fail to use a safety guard. This is called assumption of risk.
1. Immediately call the police and request that they come to the scene of the accident and prepare a traffic collision report. 2. If you are in pain, obtain treatment by a medical doctor or chiropractor or at urgent care as soon as possible. It is important to obtain medical treatment and an accurate diagnosis of your injuries. 3. Write down the other driver's information, including name, address, phone number, date of birth, driver's license number and insurance information. 4. Photograph the scene of the accident, including damages to all vehicles, skid marks on the road, debris and other visible evidence. 5. File a claim with your insurance provider against the other driver's insurance provider. It is important that you seek the representation of an attorney prior to giving a statement to the other driver's insurance company regarding the accident and your injuries. 6. Call the Law Offices of Eslamboly Hakim for a free consultation regarding your case.
Car accidents are unfortunately very common and can have consequences ranging from dented bumpers to serious medical injuries. Taking the right steps after an accident can make a big difference in the outcome. So what are the most important things to remember after a car accident?
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