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Frequently Asked Questions about Motor Vehicle Accidents

Q: Can I recover even if the accident was my fault?
A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider fault with regards
to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours or to reduce the amount of your compensation by your percentage of fault.


Q: Who can I sue to recover my damages?
A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the
car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.


The information you obtain at this site is not, nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright@ 2007 by Law Office of Richard K. Hershman. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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Copyright@ 2007 by Law Office of Richard K. Hershman. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.