What happens to my claim if the other driver and I are partially responsible for the motor vehicle accident?
Sometimes there is a situation where both drivers in a motor vehicle collision may share responsibility for the accident. In that situation the law provides for what’s called comparative fault and sometimes it’s up to a “tryer of fact” to figure out the percentages that drivers may be at fault for an accident.
One person may be 10% at fault. Maybe they could have applied the brakes a little faster and avoided the accident, but the other person 90% at fault because really running that red light was completely wrong. So, there can be a sharing of responsibilities for the resulting losses in an accident, and how those are divided up and how the decision is made as to who pays for the other person’s losses really depends on analysis of where the comparative faults lie.