West Virginia Adjusters Practice Exam

The burden of proving comparative fault falls on:

1. the defendant.

2. the insurance company.

3. the person who seeks to establish such fault.

4. the judge.

The correct answer is: the defendant.

In a personal injury case, the burden of proving comparative fault typically falls on the defendant. This means that they must prove that the plaintiff's own actions contributed to their injuries in order to reduce the amount of damages they may have to pay. Option B, the insurance company, is incorrect because their role is not to prove fault but to provide coverage for the defendant. Option C, the person who seeks to establish such fault, is incorrect because it is the defendant who must establish comparative fault, not the plaintiff. Option D, the judge, is incorrect because it is not the judge's role to prove fault, but instead to oversee the legal proceedings and make a ruling based on the evidence presented.