The short answer is yes, it is possible to recover compensation even if you share some of the responsibility for an accident. The amount of compensation, however, can be affected by the amount of blame you share. Here, learn more about Alaska’s rules regarding fault and what that may mean for your accident claim.
Understanding Alaska’s Rules About Fault
The state of Alaska follows what is known as pure comparative fault. This means that in every accident case, the details will be reviewed, and it will be determined how much responsibility each involved party shares. It may be the case that one driver is completely to blame for the accident, but it is also often true that both drivers played some role in causing the crash. In those cases, each driver will be assigned a percentage of the fault.
For example, it could be that another driver runs a stop sign and crashes into your car while you pass through an intersection. However, at the time, you were traveling five miles over the speed limit. It may then be determined that the other driver was 90 percent at fault, and you were 10 percent at fault for speeding. Each driver is able to recover compensation equal to the other party’s fault, so in this case, you would be awarded 90 percent of the determined damages. If the damages were $100,000 for example, you would receive $90,000.
Under Alaska law, it’s important to note that each party is held accountable for their amount fault. This means that in the previous example, you would be liable for 10 percent of the damages, or $10,000. Of course, this amount would be eclipsed by that of the more at-fault driver.
What This Might Mean for Your Accident Claim
So, where does that leave your claim? You may think you are not at fault at all, or you might be worried that the other party will try to blame you for the accident. In either case, an experienced attorney can help you understand your situation more fully. For Alaska accident victims, attorney Ben Crittenden has helped many victims investigate, examine, and understand their legal rights. He can help you determine the best way forward for your unique case. With his experience as a personal injury lawyer, he can offer a better idea of what your case might be worth and what you can expect from the legal system.
If you or someone you love has suffered injuries in a car accident, even if you are worried that you are partly to blame for the crash, call Ben in his Anchorage office today to set up a free, no-obligation consultation. Or sign up for his free newsletter to receive helpful, relevant information about personal injury law and claims in your area.