Comparative Fault in Personal Injury Cases
We were recently involved in a case representing a woman who had been hit in a car accident. The other driver told their insurance company that our client had been speeding, which would have made her partially responsible for the accident. As a result, the insurance company decided that they were only going to pay a percentage of what they were legally obligated to cover. When multiple parties involved in an accident share responsibility for the accident, it’s called comparative fault. The law takes into account scenarios when one person might not be entirely to blame for the circumstances of an accident. When this happens, the defendant only has to pay a percentage of the damages owed, usually the percentage of their fault. Comparative fault doesn’t mean that you cannot collect damages if you were partially responsible for an accident that left you injured. If you are found partially at fault, you may be entitled to less damages, but you can still be compensated for your injuries. While comparative fault can help properly assign responsibility for an accident, insurance companies love to use comparative fault to get
out of their legal responsibilities and pay less money. This is what we saw in our recent car accident case. Fortunately, we had evidence that showed the other driver’s story was inaccurate. After the car accident, our client had the presence of mind to take photos, recording the damage done to the vehicles and the debris left on the road. She also talked to the other driver, who claimed they hadn’t seen her car at all. Most importantly, our client made the other driver stay at the scene and called the police. The police were able to get an official record of the accident, which was used as evidence in our case. With this evidence, we were able to prove that the other driver was lying about seeing our client speeding, making the insurance company pay the full amount our client was entitled to. This is why is it so important to collect evidence after a car accident, if you are able to, and to always get a police report. This evidence can paint a clear picture of the accident and keep claims of comparative fault from preventing you from getting the full damages you are owed.
Who’s to Blame?
Classic Apple Crisp
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What do you do when apples are in season but you don’t have time to make a pie? You opt for a crisp, of course.
Ingredients:
Directions:
1. Heat oven to 350 F.
Filling •
5 lbs Granny Smith apples, peeled, cored, and chopped 1/4 cup pecans, finely chopped
2. In a mixing bowl, mix all filling ingredients together. Transfer to individual serving ramekins. 3. In a different mixing bowl, combine flour, sugar, cinnamon, and salt for the topping. Mix in butter until it forms lumps roughly the size of a pea, then stir in pecans. Sprinkle topping over filling.
• • • •
3 tbsp all-purpose flour
2 tbsp maple syrup 1 tbsp lemon juice
Topping: •
3/4 cup all-purpose flour 1/3 cup brown sugar 1/4 tsp ground cinnamon
• • • • •
AUTUMN APPLE
FOOTBALL QUARTERBACK TOUCHDOWN HOMECOMING
HARVEST CIDER LEAVES SWEATER
4. Bake for 35–40 minutes, let stand for 10 minutes, and serve.
1/4 tsp salt
6 tbsp chilled butter, cut into pieces 1/4 cup pecans, coarsely chopped
SEPTEMBER LABORDAY
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