Can you recover damages if you are partially at fault for your accident?
Yes, depending on the law in the state where your wreck occurred. Here in West Virginia we have what’s called modified comparative fault. And basically what that means is there’s 100 percent at fault in any state. Here’s a hundred percent default that can be assessed in a case. And if you as the passenger or the driver of the car, are less than 50 percent fault then you can recover in West Virginia. Now that’s modified comparative fault. In some states, it’s pure comparative fault and pure comparative fault is whether you’re 30 percent at fault or 70 percent of fault, you could recover. So, Kentucky for instance would be a pure comparative fault state. So you have to kind of come in and see us, we’ll look at the law in the jurisdiction where your wreck occurred and then we can give you an advice on that. So if no matter where the wrecks occurred the best thing you could do is give Bailey Javins & Carter a call. And we’ll maybe help you figure out what you can and can’t recover.