Some degree of carelessness is the root cause of many personal injury accidents, and determining the extent of a party’s carelessness is the crux of any lawsuit. While there is no scientific method for determining carelessness – and by extension, fault – there are indicators that help guide liability.
Should the injured person have expected some degree of injury potential or danger in the given situation? If so, did they exercise proper precautions?
If the injured person is determined to have acted carelessly, how much did that contribute to the accident?
Comparative negligence is a rule used to determine percentage of fault and in turn, amount of compensation. If an injured person is found to be 10% at fault for their injuries because of careless behavior, then their compensation is reduced by that same 10%.
For example, Driver A is involved in a head-on collision with Driver B. Driver A may be entitled to compensation because Driver B crossed a double line and caused the accident. However, if it is determined the Driver A was driving at an unsafe speed at the time of the accident, the court may say Driver A is 10% responsible for the accident, reducing monetary compensation by 10%.
Emery Brett Ledger brings more than 27 years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.
