Are you wondering if it’s possible to get compensated for a car accident that was partly your fault? In many cases, the answer is yes. It all depends on your state and how much of the blame rests with each party involved. But even if liability isn’t clear-cut, you can still do things to maximize your chances of recovering compensation.
In this article, we’ll discuss why it’s so important to understand who may be responsible after an auto crash and how doing so can help you secure the money you need to cover medical bills or repair costs.
Contact the team at Injury.io to get started on your case.
What Is Contributory Negligence?
Contributory negligence is a legal term that refers to a situation in which two parties are at fault for an accident. It’s when both you and the defendant contributed to their own injury or damage. Generally, if someone is found to be partially responsible for their own damages, they won’t be able to recover all of them in court. There are some exceptions; however, depending on your state, it may be possible to receive compensation even with contributory negligence present. This will depend largely on how much each party was deemed responsible for the accident.
Establishing Fault in a Car Accident
Establishing fault in a car accident is critical when determining who should be compensated. Generally, the person at-fault for an accident must pay any damages resulting from it. To determine who was at-fault insurance adjusters will:
- Look at witness accounts and police reports to get an unbiased perspective on what happened;
- Examine photos of the vehicles and the area around them to assess the damage caused by the collision;
- Consider evidence such as skid marks, traffic signs, or lights that can provide insight into how the accident occurred.
In some cases, both drivers may have contributed partially to causing the accident – this is known as comparative negligence. In these scenarios, each driver’s degree of fault will be determined before deciding compensation accordingly.
Damages in a Car Accident
If you are partly at fault, you may still be eligible to seek damages depending upon how much responsibility each party holds. For example, if two parties are both considered 50% responsible for an accident, they would split the costs evenly between them. It’s important to keep in mind that even if you are only partially at fault, your insurance company may not provide coverage for all of the damages incurred.
When assessing liability and seeking compensation after an accident, it’s best to work with an experienced attorney who can help determine which party should be held accountable and what type of settlement could be achieved. They’ll also ensure that you receive fair treatment when negotiating with insurance companies and other relevant parties.
Recovering Compensation After an Accident
In most cases, an accident victim can recover compensation for their damages. This can include medical expenses, lost wages from time off work, and other out-of-pocket costs associated with the accident. However, when a person is partly at fault for an accident, they may be limited in how much they are able to receive.
It’s important to understand that if you’re found partially liable for an accident, your compensation will likely be reduced according to the percentage of total liability assigned to you by the court or insurance company. For example, if you were determined to have been 20% at fault but suffered $10,000 worth of damage due to the accident, you could only receive up to 80% of that amount—i.e., $8,000—in compensation. Understanding these principles ahead of time can help you make more informed decisions about whether or not filing a lawsuit against another party involved in the incident would be worthwhile.
Legal Representation for Car Accidents
If the other party involved in the accident has liability insurance, then their insurance company may be willing to compensate you for your losses and damages associated with the incident. In certain instances, it might help to have legal representation from an experienced attorney who can assist you in seeking compensation from the liable parties or their insurance companies.
An attorney can provide valuable insights into your case, such as whether or not there was negligence on either side of the accident and how much compensation should be sought. Additionally, they will represent you throughout negotiations with the other party’s insurer and ensure that any settlement offer is fair and reasonable.
Having a lawyer by your side also ensures that all relevant documents are filed correctly and on time so there are no delays in receiving payment. Ultimately, having an attorney present during a car accident claim process can make a big difference in successfully recovering what is owed to you.
Contact Injury.io to schedule a free case review.
Emily Wilson is a writer who graduated with a bachelor’s degree in English studies from Ball State University in 2021. Since graduating, Emily has started her career in content writing, and she hopes to continue helping her audience learn and grow from her works.
