This depends on the circumstances of the accident. If you were at fault for the collision, the law allows for a jury to compare your fault with another’s fault. Your damage claim would then be reduced by your percentage of fault.
If you’re completely (100 percent) at fault, we would not advise pursuing a claim. But if it’s an issue of, “Well, I did a little bit of this and they did a little bit of that,” the law does allow for comparative fault (or comparing fault). In this situation, you must be aware that your damage claim will likely be reduced.
So for example if you have damages valued at $10,000, but you’re found to be 50 percent at fault, the $10,000 will be reduced by 50 percent—so you’d only get $5,000.
As you can see, determining who was at fault in an accident is critical in personal injury case. If you have more questions about an accident your or a loved one recently suffered in Alaska, contact Kelley & Canterbury LLC to speak with an Anchorage lawyer.