Your ability to seek compensation for injuries following a car accident mainly depends on your state’s laws. Each state has different regulations concerning fault and compensation. In certain states, you may still qualify for compensation even if you were partially at fault, whereas in others, your chance to recover damages might be significantly restricted or completely denied.
Legal Concerns in Car Accident Cases
Once an accident occurs, the investigation process starts. Your ability to recover losses hinges on the determination of fault. Legally, the other driver in any state can claim you were responsible or partly at fault for the accident. However, opposition from their insurance company doesn’t automatically deny you recovery.
You might still be eligible to file a personal injury claim even if you share some blame. Consulting with an aggressive driving accident lawyer familiar with local cases can safeguard your rights.
If I Was At Fault in an Accident and Got Injured, Can I Still File a Claim?
The outcome depends on your state’s laws. Some states adhere to the contributory negligence rule, meaning you cannot receive any compensation if you are partially responsible for a car accident. In contrast, states like Arkansas, Tennessee, Missouri, Mississippi, and Kentucky apply the comparative negligence doctrine, allowing you to seek damages from the other driver if they are also partially at fault in an auto accident.
Establishing Fault Means Establishing Negligence
In car accident cases, the focus is identifying who acted negligently, a key legal concept. Each claim revolves around this idea of negligence. A court holds someone financially accountable for damages if it determines their negligence caused the accident. Potentially negligent parties in car accident cases can include:
- Cyclists
- Other drivers
- Pedestrians
- Vehicle manufacturers
- Government bodies
Negligence arises when individuals fail to act with care. For instance, a cautious individual would not continue driving if they were nodding off at the wheel. If a driver persists in driving while sleepy and crashes after falling asleep, they may be deemed negligent and thus responsible for the accident.
How Is Fault Determined
Insurance companies often determine fault in auto accidents since most claims don’t reach court. Each insurer involved in a claim assesses fault based on the evidence they gather, often collaborating with drivers and law enforcement.
If a party disagrees with an insurer’s decision, they can contest it through a lawsuit. A judge or jury will decide who is at fault in cases that proceed to trial. Experienced accident investigators may identify fault by examining vehicle damage. For instance, T-bone accidents are typically blamed on the driver whose front end is damaged.
Occasionally, witness testimony may outweigh physical evidence. For example, in left-turn accidents, drivers are generally expected to yield. However, various factors, such as traffic signals, intoxication, and speed, can influence this determination.
A Skilled Lawyer Is Your Greatest Asset for Establishing Fault
You might be partly to blame for an accident. If this is the case the most effective way to maximize your compensation is to demonstrate that another party also shared responsibility. Show that their level of fault was as significant as possible.
Skilled personal injury attorneys can assist in this process. Even if you establish another party’s fault, insurers won’t offer fair compensation for your injuries unless you have legal representation.
They know that winning in court is improbable without a lawyer, and they understand that if they propose a minimal settlement, you can accept it or challenge them in court, where your chances of success are slim.
Endnote
It’s advisable to seek the guidance of a car accident attorney promptly after the collision. They will work with the insurance companies to secure a reasonable settlement and assist you in filing a lawsuit against the other driver if needed.
