In some auto accidents, the issue of fault is clear-cut: It's obvious who caused the crash and who should be responsible for the costs incurred. But, in many situations, the matter is far less defined, and courts or insurers may discover that both parties involved bear some responsibility for the incident. In cases like these, partial fault is assigned. Below, the car and truck accident attorneys at Salerno & Associates in Omaha, NE, explain the subject in more detail.

Modified Comparative Fault

Nebraska has specific laws and guidelines about who is responsible in motor vehicle accident cases. The state follows the principle of modified comparative fault. As such, any damages awarded in a personal injury or accident claim are reduced based on the amount of fault the victim bears. However, if the victim is found to be more than 50% liable for the incident, they cannot recover any damages.

An accident victim building a case of modified comparative fault will work closely with a car or truck accident attorney to gather as much evidence as possible that supports their claim. The stronger and more compelling the evidence, the greater the odds that the accident victim can recover on the claim. It is important to present compelling evidence regarding the cause of the collision in order to minimize the chance of a jury concluding that responsibility falls on both parties. In most situations, medical records, vehicle damage, photos of the accident scene and any injuries, copies of police reports, and eyewitness statements will bolster a victim's claim.

An Example of Modified Comparative Fault

It can be helpful to see the principle of modified comparative fault in action. Consider this example: Driver 1 attempts to make a left turn at an intersection but is hit mid-turn by Driver 2, who comes toward Driver 1 in the opposite, oncoming lane. Driver 1 sues Driver 2 because they struck them. However, an eyewitness saw Driver 1 texting on their cell phone and not paying attention to oncoming traffic. The law requires that a left turning driver yield to oncoming vehicles. But in a situation like this, a modified comparative fault ruling may occur if Driver 2 was speeding.

The car and truck accident attorneys at Salerno & Associates have more than 30 years of experience serving clients in injury and wrongful death cases. They offer quality legal guidance and representation through every step of the process to secure maximum compensation. Understand the role partial fault could play in your situation by setting up a consultation today. You can reach them by phone at (402) 502-9002 or on the website. Follow the firm on Facebook for regular updates and insights.