Are You Partially Liable for an Accident? Read This Post
Sometimes you find yourself in a situation where you’re involved in a collision and believe you might be partially to blame. This can be a stressful situation, leaving you wondering about your financial responsibility and the next steps.
But take a deep breath. Partial fault doesn’t necessarily mean you’re on the hook for everything.
Let’s explore what partial liability means, how it might impact your situation, and, most importantly, how personal injury lawyers come in handy during this period.
Fault vs. Comparative Negligence
In most car accident cases, the concept of “comparative negligence” applies. This means that each party involved in the accident can be assigned a percentage of fault based on their actions or inactions that contributed to the collision.
The percentage of fault that you’re assigned will directly affect how much compensation you can recover for your damages.
Examples of Partial Fault Scenarios
Here are some common scenarios where you might be considered partially at fault for an accident:
- Rear-End Collision: Generally, the driver who rear-ends another vehicle is presumed to be at fault for not maintaining a safe following distance. However, if the driver in front slams on their brakes suddenly and without reason, they might share some of the blame.
- Left-Turn Crashes: Left-turn accidents often involve shared fault. The turning driver has a responsibility to yield to oncoming traffic, but the driver going straight might be speeding or not paying attention.
- Accidents in Poor Weather: In bad weather conditions, both drivers have a heightened responsibility to adjust their speed and driving behavior. If one driver fails to do so and causes an accident, the other driver might share some fault if they were also exceeding the safe speed limit for the conditions.
The Impact of Partial Fault on Your Claim
Let’s say you’re in an accident and are found to be 20% at fault. You suffered $10,000 in damages. Under comparative negligence laws, your compensation would be reduced by your percentage of fault. In this scenario, you would receive 80% of the total damages, which translates to $8,000.
While most states follow some form of comparative negligence, the specifics can differ. For instance, some states have a “modified comparative negligence” rule with a threshold (e.g., 50%) above which you’re barred from recovering any compensation.
Also, even if you’re partially at fault, you can still pursue compensation for your damages from the other driver(s) involved in the accident.
You Need A Lawyer Even If You’re At Fault
Even if the accident undeniably seems like your fault, don’t make the mistake of admitting fault or apologizing.
Insurance companies are in the business of protecting their bottom line, and they’ll be looking for every reason to minimize what they pay you – or the other driver, for that matter.
These insurance companies have lawyers on their side, so why shouldn’t you? An experienced lawyer knows how to navigate the complexities of insurance claims and fight for the compensation you deserve, even if you share some fault.
Also, a lawyer can analyze the specifics of your case and fight to minimize the percentage of fault assigned to you. This directly impacts how much you might owe in damages.
Don’t let the fear of being blamed prevent you from getting the legal help you need. Schedule a consultation with a lawyer specializing in car accidents. You might be surprised at the options available and the peace of mind it can bring during this difficult time.
