At fault %'s

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Posted: Wed Dec 10, 2008 1:29 am Post subject: At fault %'s

My wife was hit by a commercial vehicle. After arbitration she was found to be 50% at fault. My question is if she is found 50% at fault, does this mean that the other driver owns the other 50%?

Goldns

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Posted: Wed Dec 10, 2008 5:09 am Post subject:

Depends on the state the accident happened in. If you mention this, your question can be answered.

tcope

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Posted: Wed Dec 10, 2008 9:19 am Post subject:

Hi Goldns Ideally in this case the other person is supposed to pay for the 50% damage that he/she has caused. If a jury finds you responsible for 50% of the damage and the other person for the rest 50% then the other person would have to pay for the 50% damage that he has caused. However, auto laws may vary from one state to another.

sil

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Posted: Wed Dec 10, 2008 11:39 am Post subject:

OP as T said depends on the state's negligence laws..if 'pure' comparative then it means you pay 50% of their damages and they pay 50% of your damages...if 49/51 rule then neither one of you collect. and yes there are more...let us know the state _________________ "Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.

Lori

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Posted: Thu Dec 11, 2008 10:07 am Post subject:

The states of Arkansas, Colorado and few others follow the law of proportional comparative law, where if a driver has contributed 50% or more in an accident he/she will not be entitled to receive compensation for the damages. Let us know your state of residence and we can check out with the state's auto laws for you.