In order to recover for a personal injury claim where you’re injured in an automobile accident the other driver has to be at fault. In plain English what that means is the other driver has to be 51 percent or more at fault. If a jury finds that you’re 51 percent or more at fault you don’t recover anything. If they find that both drivers are equally at fault or 50 percent then you get 50 percent of any recovery for your injuries.
So a typical rear-end accident, the other driver is usually 100 percent at fault. If you’re a passenger then obviously you don’t have to worry about whose at fault you just -- we end up bringing a claim against both drivers and we let them fight out whose at fault.
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