It can be challenging to determine fault following an accident, especially if more than one party is involved. In most cases, individuals assume that when they are partially responsible for the accident, they are automatically disqualified from seeking compensation. Meanwhile, this is not always the case. The legislation surrounding finding fault in a car accident and how liability is shared vary depending on jurisdiction. This article explains how shared liability works, the difference between comparative and contributory negligence, and the process one can take if they are partially at fault for the accident.
Types of Negligence
When determining fault in a car accident, the type of negligence plays a major part in deciding if one will receive compensation or not despite being partially at fault. There are two main types of negligence:
Comparative Negligence
When one is determined to be comparatively negligent, they are partially qualified to receive compensation for their involvement in the accident. However, their compensation package is reduced depending on their degree of fault. Comparative negligence is further broken down into:
- Pure Comparative Negligence: This type of compensation allows settlement regardless of the degree of fault. For example, in a situation where a driver is 20% liable for the eventuality of the accident, they can still receive 80% of the compensation awarded.
- Modified Comparative Negligence: This kind of compensation sets a cap beyond which one is not qualified for compensation following an accident. For example, when the threshold is set at 49%, a driver whose fault stands at 51% is not eligible for compensation. This means that parties can only recover damages if their degree of fault is below the set threshold.
Contributory Negligence
According to contributory negligence, if one is determined to be slightest at fault, let say 1% at fault, they might not recover any compensation. Therefore, contributory negligence limits any form of compensation when one is found at fault.
Determining Fault and Compensation
The process of establishing faults includes keenly evaluating evidence, including police reports, witness testimonies, and expert evaluations of the scene. Upon establishing the percentage of fault, the insurance company calculates compensation propositionally. For instance, under comparative negligence rules, when the total damage suffered is $100,000 and one party is 20% liable for the accident, they can recoup $80,000 as compensation.
Steps to Take When Partially at Fault
When at fault for an accident, taking the following steps will protect your chance of compensation:
- Collect and organize evidence: Take videos and photos of the scene, document witness statements and their contacts, acquire an official police report, and medical records detailing prescriptions and hospitalization records that might help to build a compelling case.
- Consult a personal injury lawyer. An experienced legal professional can help you navigate the highly complex claim process with their expert-level skills.
- Prepare for negotiations: It is normal for insurance adjusters to try to increase your liability to reduce payout. As such, an experience lawyer can help you negotiate for maximum compensation.
Conclusion
While most people might think it’s impossible to seek compensation when partially at fault, this is often not true. Under comparative negligence laws, those partly responsible for an accident qualify for compensation with amounts depending on their level of liability. On the other hand, states that rely on contributory negligence laws are stricter. Therefore, adopting proactive steps like documenting evidence of the case and consulting with legal professionals can strategically increase your chances of compensation. Either way, ensure that you are equipped to protect your interests following an unfortunate car accident.
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