Fault describes the driver or entity responsible when a car accident occurs. When deemed at fault, drivers often question their insurance coverage and compensation options. Even in these cases, both drivers may face property damage and medical expenses.
This guide covers the importance of fault and liability in a motor vehicle accident and how it may impact your rights to recover compensation.
We’ll discuss the difference between at-fault and no-fault states and how comparative negligence laws can further impact liability. We’ll also review a few scenarios in which compensation may be available, even if you’re found to be at fault in a car crash.
Fault and Liability in an Auto Accident
Fault in a car accident refers to the person responsible for the crash. An at-fault driver is someone who acted negligently and caused harm to another driver. Driver negligence may include speeding, distracted driving, driving under the influence, or fatigued driving. Determining who’s at fault and how much fault they have depends on state laws.
Car Accident State Laws
Fault is an important concept when navigating car accidents. Some states follow no-fault laws, whereas others determine liability based on fault. These laws define how and from whom an injured party can seek compensation following a car crash.
In at-fault states, the driver who caused the accident is also responsible for compensating the other party for their damages. It is usually the at-fault driver’s insurance company that covers these costs.
In a no-fault state, regardless of responsibility, each driver seeks compensation from their insurance company. The driver can file a claim with their insurance carrier through a personal injury protection insurance (PIP) coverage policy.
Comparative Negligence in Your State
Comparative negligence laws may also impact liability in a car accident. Here’s everything you need to know about comparative negligence laws.
What is Comparative Negligence?
Comparative negligence refers to the process of assigning liability to multiple parties based on the details of the accident. The amount each person receives in damages will depend on the percentage of fault they hold in the car accident.
Types of Comparative Negligence
Different states also follow various types of comparative negligence, which can further impact who is responsible for the damages following an auto accident.
In a pure comparative negligence state, an injured victim can recover compensation as long as they are not the sole cause of the injury. Even if they are deemed to be 90% responsible for the car accident, they can still collect damages for the remaining 10%.
A modified comparative negligence state only allows the injured person to collect compensation if they are either less than 50% or 51% at fault (depending on the state). In this case, the driver’s compensation would be reduced by the percentage they’re found to be at fault.
How it Affects Compensation
If you live in a state that follows comparative negligence laws, you may still be eligible for compensation even when partially at fault. Your compensation is reduced by your percentage of fault – for example, if you’re found 20% at fault and your damages are $10,000, you can recover $8,000.
The specific circumstances of the car accident case and your state’s laws determine what compensation may or may not be available. If you’re unsure of your legal rights, consider contacting a car accident lawyer.
Situations Where You May Still Receive Compensation
Can you get compensation if the accident was your fault? The answer is it depends. Receiving compensation for car accident damages is possible, even if you share some liability. The state, how the accident happened, and what physical evidence is available will determine settlement.
Here are a few situations in which you may still receive compensation.
Partial Fault
Under comparative negligence laws, a partially responsible driver can still seek compensation. In modified comparative negligence states, however, your liability will need to be less than 50% or 51%. In comparative negligence states, the driver’s compensation amount is reduced by the percentage they’re found to be at fault.
Multiple At-Fault Parties
It’s also possible for multiple parties to be at fault in an auto accident. Multi-vehicle car accidents, for example, typically have numerous responsible parties. It may still be possible to seek compensation if multiple at-fault parties exist. However, case investigation may be even more important in such accidents.
For example, if one party experiences injuries due to a rear-end accident, the other driver may be at fault. However, if they were also rear-ended and experienced injuries and property damage, multiple parties would be at fault.
Uninsured/Underinsured Motorist Coverage
Car accident victims can sometimes seek compensation from their own insurance policy if the at-fault driver isn’t properly covered. Some insurance policies have uninsured/underinsured motorist coverage, which helps cover these damages.
This coverage is usually a separate policy from comprehensive or collision coverage. It may include medical payment coverage, car repairs, rental car reimbursement, and pain and suffering.
How a Car Accident Attorney Can Help
If you were involved in a car accident, and you were partially to blame, it’s best to discuss your case with a lawyer. Additionally, if you believe you weren’t at fault, but the other driver claims otherwise, you may also benefit from experienced legal representation. Here are a few ways a lawyer can help your car accident claim.
Investigating the Accident
Case investigation helps uncover what happened in a car crash and who is responsible. Key pieces of evidence might include photographs or videos from the accident scene and a copy of the police report. Witness statements also provide additional information about what happened and who is at fault for the accident.
A car accident lawyer can secure expert witnesses to recreate the accident scene, which can help determine fault.
Negotiating with the Insurance Company
Auto accident attorneys also manage all negotiations with the insurance company, ensuring you receive fair compensation for your damages. It’s not uncommon for the insurance company to minimize damages or try to shift blame to avoid paying.
Car accident victims are entitled to medical bills, lost wages, physical therapy needs, and pain and suffering. Experienced lawyers take the time to determine the true value of your claim and negotiate a fair settlement based on your best interests.
Our law firm advocates against the other driver’s insurance company to protect your rights. If we cannot reach a fair settlement, we provide experienced trial representation.
Protecting Your Rights
A lawyer helps protect your rights during your personal injury claim. From the initial insurance claim to the negotiations with the insurance agent, our team is there for injured victims every step of the way, ensuring they’re treated fairly.
If you suffer serious injuries following a car accident, you may exceed policy limits. Additional compensation for medical expenses, lost wages, and property damage may be available through a third-party personal injury claim. Our lawyers will help you explore all your legal options.
Secure Expert Legal Representation!
If you experienced injuries from a car accident and were deemed at fault, you may need knowledgeable legal representation. Depending on the details of your case and the state in which the accident occurred, you may be owed compensation, even if you were partly responsible.
Navigating an insurance claim while dealing with medical costs, lost income, vehicle damage, and stress can be overwhelming. Rosenfeld Injury Lawyers helps car accident victims file claims and pursue legal options to help cover their damages.
Contact a Chicago auto accident attorney today at (888) 424-5757 or fill out our online form for a free consultation.