Comparative Fault
In personal injury law, one of the most important questions is how fault is divided when more than one person contributes to an accident. This concept is known as comparative negligence or comparative fault. It determines the amount of compensation an injured person can receive if they are partially responsible for their injuries.
Understanding how comparative fault works in Alaska can help you know what to expect if you file a personal injury claim.
What Is Comparative Fault?
Comparative fault splits financial responsibility among all parties who share blame for an accident. Instead of completely barring recovery, it allows an injured person to collect damages that are reduced by their percentage of fault.
For example, if you were found 20% responsible for an accident and the total damages were $100,000, your compensation would be reduced by 20%, meaning you could still recover $80,000.
Types of Comparative Fault Systems
Different states use different versions of comparative fault. There are three main types:
- Pure Comparative Fault: You can recover damages even if you are 99% at fault, but your recovery will be reduced by your percentage of fault.
- Modified Comparative Fault (50% Bar Rule): You can recover compensation only if you are 49% or less at fault. If you are 50% or more responsible, you cannot recover damages.
- Modified Comparative Fault (51% Bar Rule): You can recover as long as you are not 51% or more at fault.
Alaska follows the pure comparative fault rule, which is the most lenient system for injured victims.
How Comparative Fault Works in Alaska
Under Alaska’s pure comparative fault rule, an injured person can recover damages regardless of their own degree of fault. This is true even if they are mostly at fault for the accident. Their share of fault simply reduces the compensation they receive.
This rule applies in most personal injury cases, including car accidents, slip and falls, and workplace injuries.
How Is Fault Determined in a Personal Injury Case?
Proving who was at fault, and to what degree, is often the most contested part of a personal injury claim.
Evidence that may be used to determine comparative fault includes:
- Police or accident reports documenting what happened
- Eyewitness statements describing each person’s actions
- Photographs or videos from the accident scene
- Expert analysis, such as accident reconstruction
- Medical records linking injuries to the event
Every percentage of fault can impact your final recovery. So, it’s important to collect detailed and credible evidence early in your case.
Comparative Fault in Different Types of Cases
Comparative fault applies to many types of personal injury cases and examples, including:
- Car accidents: when both drivers make mistakes that contribute to the collision
- Premises liability: when a visitor fails to notice an obvious hazard, but the property owner failed to fix it
- Product liability: when a defective product causes injury, but the user didn’t follow safety instructions
- Medical malpractice: when both doctor error and patient noncompliance contribute to harm.
In every situation, the court or insurance company will assess the degree of responsibility each party bears.
How Comparative Fault Affects Settlements
Even before a lawsuit is filed, comparative fault can influence settlement discussions. If an insurance company believes you share some blame, they will likely reduce their offer by that percentage.
For instance, if the insurer values your claim at $100,000 but believes you are 25% at fault, they may only offer $75,000. Negotiating this reduction requires evidence, persistence, and often, legal representation.
A lawyer can calculate the fair value of your case, including how comparative fault might apply, and fight for a settlement that reflects the actual impact of your injuries.
Steps to Protect Your Claim
To maximize your compensation and strengthen your case:
- Gather evidence early: Take photos, get witness names, and save documents.
- Seek medical care immediately: Delays in treatment can give insurers grounds to dispute your claim.
- Avoid giving recorded statements: Insurance adjusters may twist your words.
- Consult with a lawyer quickly: By following sound legal advice, you can ensure your rights are protected under Alaska law.
Proper documentation and timely legal action can prevent insurers from undervaluing your case.
Why Comparative Fault Laws Exist
Comparative fault laws aim to make the system fairer for all parties involved. Instead of blaming one side entirely, they assign responsibility based on each person’s role in the accident. This holds people accountable while allowing injured victims to receive compensation for the harm caused by others.
These laws encourage safer behavior by holding everyone partially responsible for their actions, while also ensuring that one mistake does not entirely eliminate a person’s right to recovery.
Contact Farnsworth & Vance Personal Injury Lawyers for a Free Consultation With an Anchorage Personal Injury Attorney
If you were injured in an accident in Alaska, you may still be entitled to compensation—even if you were partially at fault. Understanding how Alaska’s comparative fault laws apply can make a significant difference in your case.
Farnsworth & Vance Personal Injury Lawyers is here to help. Contact us today at (907) 290-8980 to discuss how our experienced negotiation strategies can help you get the justice and compensation you deserve after your injury. We offer free consultations.
