I have many clients ask me, “What if there’s more than one person at fault for the accident?” And this arises in two situations. The first situation is where our client has no fault whatsoever but the accident is the fault of two people rather than one.
In a recent case that we have, a negligent driver ran into a telephone pole and the telephone pole fell across the road. A second negligent driver was speeding, trying to avoid the telephone pole that had fallen across the road, and ran into our client. In that case, both of those people are responsible and both of their insurance companies are on the hook.
The second situation is where both our client and the other person is at fault. If it is, for instance fifty-fifty, it doesn’t mean that our client can’t recover, it only means that they can’t recover as much as they would have recovered if the other person was one-hundred percent at fault. But, we can still make a very nice recovery for someone and take care of their financial needs.