Partial Fault: Should You File a Claim?

by | Dec 20, 2021 | Uncategorized

Car Accident Lawyer

Being involved in a car accident can be overwhelming, especially if you aren’t sure who is at fault. You may feel as though the other driver has the most fault, but does it matter? If you are partially responsible for an accident, you may not know if you can file a claim. In states that recognize comparative or partial fault, with the assistance of a car accident lawyer you can still file a lawsuit against the other party. 

Our friends at Hall-Justice explain, there are few essential points that you need to know about partial fault.

How To Determine Fault

In a comparative fault state, the law looks at both parties’ actions. The judge assigns a percentage of fault to each person and this percentage affects the amount of compensation you receive. For example, if the other driver is 80% at fault and you are 20% at fault for the accident, then the other party is responsible for 80% of your damages.

If you are 50% or more at fault in an accident, you cannot file a lawsuit against the other person. Some insurance companies may claim that both drivers are partially at fault, regardless of the accident. However, it is possible to have no fault in an accident.

To determine who is responsible is to look at the nature of the accident. For instance, if a car passes in a no pass zone and hits another car, he or she may be responsible for the other driver’s injuries. If the other driver was also speeding, however, he or she may be partially responsible.

How To Prove Fault

After an accident, you need to prove who was at fault. To prove that the other driver is at fault, your attorney will require evidence. Your evidence can come in the form of medical records, witness testimonies, pictures of the accident scene and damages and all other documents that backup your claims. When it comes to evidence, discuss what you need with your lawyer ahead of time.

If you want to prove who is at fault, avoid being reckless. You should not post anything about the accident on social media or apologize to the other party. Insurers can use what you say against you in court.

Car accident claims can become complicated, especially when you may have partial fault. The other insurance company may try to deter you from filing a claim or may claim you do not have a case. To determine the compensation you deserve, consult with a car accident lawyer as soon as possible.