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What if both drivers play a role in a car accident?

After most types of car accidents, the victims often ask themselves: was the collision my fault in any way? This is both natural and understandable, as determining what, exactly, caused certain car accidents can have both legal and financial implications in Delaware. After a victim has sought medical treatment, he or she often needs to know if the accident was the result of another's negligence. If so, the injured, non-negligent party can often seek compensation for damages stemming from the wreck.

However, what happens if an accident happened because more than one party erred while driving? In such a situation, the legal concept of contributory negligence will likely come into play, depending on the state in which the accident took place. Contributory negligence essentially acknowledges that more than one person may have contributed to a wreck, although not necessarily in equal amounts.

In Delaware, even if one has contributed to a car wreck, he or she may still be able to collect compensation. A Wilmington personal injury attorney can explain how an injured party can pursue compensation even if an accident investigation reveals the car collision was in part their fault. In short, Delaware law stipulates that as long as the claimant's negligence was not greater than that of the defendant, it may be possible to seek recovery. However, the award the injured party receives will typically be diminished in proportion to that person's fault regarding the accident.

It's never easy to know what to do after a wreck. Finding guidance, however, can be as straightforward as consulting with a car accident attorney. A legal professional's advice can put at ease a person who worries his or her own mistakes might have contributed to the accident. In any event, discovering exactly what happened and who was at fault -- and by how much -- can go a long way towards clarifying one's legal rights and options.

Source: FindLaw, "Delaware Negligence Laws," accessed Jan. 23, 2016

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