Understanding Partial Fault in Car Accident Cases
Traffic accidents may encompass partial blame, where both parties involved are partially responsible for the collision. In such auto collision situations, understanding your legal rights and the negligence laws in your state is crucial for pursuing a personal injury claim. This car accident guide explains what happens if you're partially at fault for a car accident, how shared fault car accidents impact your ability to recover damages, and the role of contributory negligence in determining compensation for your vehicle accident harm.
Legal Principles Governing Partial Liability Cases
In car accident claims, determining fault is critical to establishing accident responsibility. In many states across the United States, the legal principle of negligence applies to auto collision cases, and the concept of comparative negligence can significantly affect how much settlement money you can recover from the at-fault party and their insurance company.
Pure Comparative Negligence Rules
In states that follow comparative fault rules, you can still recover damages if you are partially at fault for the auto crash, but your claim payout will be reduced based on your percentage of fault in the accident. For example, if you're found to be 20% at fault for the car accident through accident reconstruction and evidence analysis, you can only recover 80% of the total injury recovery for your injury treatment costs, income loss, physical pain, and automobile losses. Many states use 50% bar rule, where accident victims can recover damages only if they are less than 50% or 51% responsible for the collision.
Strict Fault Bar Rules
In states with all-or-nothing liability standards, even a small amount of fault on your part can prevent you from recovering any settlement money whatsoever in your injury compensation case. If you are found to be even 1% at fault for the vehicle collision, you may be completely barred from receiving compensation altogether from the other driver's insurance company. Only a handful of states including Virginia, Maryland, North Carolina, Alabama, and the District of Columbia still follow pure contributory negligence rules, making it extremely difficult for accident victims to recover compensation when any degree of shared fault exists in the collision.
Determining Fault Percentage in Vehicle Collisions
Responsibility in auto crashes is determined by examining the circumstances surrounding the crash, including the actions of all parties involved in the vehicle collision. Documentation such as crash reports, eyewitness accounts, surveillance video, expert analysis, property damage inspection, road evidence, traffic violations, and electronic device data can help determine the degree of fault and percentage of responsibility for each driver involved in the collision.
Verifying Your Negligence Share
To avoid being unfairly assigned a large percentage of fault by insurance companies, it's essential to gather collision records immediately after the auto crash. Photos of the scene, eyewitness testimony, video footage, treatment records, collision repair costs, and specialist evaluations can help prove that the other party was primarily responsible for the auto accident. An experienced auto accident lawyer will help collect and present this proof effectively to insurance companies, opposing counsel, and potentially a jury to minimize your percentage of fault and maximize your damage recovery in the personal injury claim.
Why You Need Legal Representation in Partial Fault Accidents
If you are partially at fault for a traffic incident, having an attorney on your side is crucial for protecting your damage entitlements. A injury law specialist can help navigate the complexities of fault allocation statutes, gather proof, negotiate with insurance companies, calculate settlement amounts, establish blame, and ensure that you car accident lawyer are treated fairly throughout the vehicle collision litigation.
Handling Insurance Claim Discussions
Liability carriers will often try to minimize their settlements by placing more blame on the car accident victim. An attorney will handle the claim talks with the liability carrier and ensure that your compensation demand is evaluated fairly based on actual blame proportion. If necessary, they can take the matter to trial to fight for the settlement money you deserve for your rehabilitation costs, salary losses, vehicle damage, physical trauma, and other crash injuries.
Final Thoughts on Shared Fault Car Accidents
Being partially at fault for an vehicle collision can complicate your ability to recover compensation, but it doesn't necessarily mean you are out of options for pursuing a personal injury claim. With the right evidence and an experienced lawyer, you can still pursue fair settlement money for your personal injuries and injury costs related to the auto crash.
If you've been involved in an vehicle collision where fault is shared, contact us for a no-obligation evaluation to discuss your personal injury claim and learn how we can help you navigate liability principles, deal with claim representatives, maximize your settlement amount, and protect your compensation rights after a motor vehicle wreck.