Car accidents can be a traumatic and overwhelming experience, especially if you have sustained injuries. In such situations, it is natural to wonder if legal action can be taken against the other driver for your injuries.
However, what happens when you are partially at fault for the accident? Can you still sue for compensation? This is a common question that arises in car accident cases, and the answer may vary depending on various factors.
In this article, we will explore the concept of comparative negligence and how it affects your ability to seek compensation for injuries in a car accident where you were partially at fault. We will also discuss the steps you can take to protect your rights and receive fair compensation for your damages.
What Is Comparative Negligence?
In a car accident case, comparative negligence refers to the concept of shared fault between two or more parties. This means that both drivers involved in the accident may bear some responsibility for causing the collision.
For example, if you were rear-ended by another driver while changing lanes without signaling, it could be argued that you were partially at fault for not following proper driving procedures.
Each state has its own laws regarding comparative negligence and how it affects personal injury cases. Some states follow a pure comparative negligence rule, where an injured party can still receive compensation even if they are found to be 99% at fault for the accident. Other states have modified comparative negligence rules, which limit damages if the injured party is found to be partially at fault.
How Does Comparative Negligence Affect Your Ability to Sue?
If you live in a state with a pure comparative negligence rule, you can still sue for injuries sustained in a car accident even if you were partially at fault. However, the amount of compensation you receive will be reduced by your percentage of fault.
For example, if you were awarded $10,000 in damages but were found to be 30% at fault for the accident, your final compensation would be reduced to $7,000.
In states with modified comparative negligence rules, there may be a threshold that must be met before an injured party can seek compensation. For instance, if the threshold is set at 50%, you would not be able to sue if you were found to be more than 50% at fault for the accident.
Steps to Take If You Were Partially At Fault in a Car Accident
There are a few crucial steps you can take to protect your rights and increase your chances of receiving fair compensation if you were partially at fault for a car accident:
Collect Evidence
After an accident, gathering evidence is crucial to building a strong case. Start by taking clear photos or videos of the scene, including damages to vehicles, property, or any physical injuries.
Get contact information from witnesses who saw what happened, as their statements can be important later. If police are involved, request a copy of their report for official documentation. Keep track of other details like the time, location, weather conditions, and anything that might have contributed to the incident.
The more evidence you collect, the easier it becomes to prove your claim and protect your rights in any legal or insurance-related processes.
Seek Medical Treatment
Even if you feel fine after an accident, seeking medical attention should be your top priority. Injuries aren’t always immediately obvious and could worsen over time.
A healthcare professional can document your injuries, ensuring there’s a medical record for your case. This is especially important if you plan to file a personal injury claim. Follow the doctor’s advice, attend follow-up appointments, and keep all medical receipts and records.
Proper treatment not only ensures your health but also strengthens your case by showing that you took the incident seriously and acted to address any harm caused.
Consult with a Personal Injury Attorney
Navigating the aftermath of an accident can be overwhelming, especially when dealing with insurance companies or legal procedures.
Consulting a personal injury attorney ensures that you have an expert advocating for your rights. They can evaluate your case, explain your options, and handle negotiations while you focus on recovery.
An experienced attorney understands how to maximize compensation for medical bills, lost wages, and emotional distress. Most personal injury attorneys work on a contingency basis, meaning they only get paid if they win your case, so there’s little financial risk in seeking their guidance.
Do Not Admit Fault
After an accident, it’s important to be cautious about what you say, even if you think you may have been partly responsible.
Avoid admitting fault, apologizing, or making any statements that could be interpreted as taking blame. Insurance companies or opposing parties may use your words against you to reduce or deny your claim.
Stick to the facts when speaking to authorities or insurance representatives, and let your attorney handle any discussions about liability. Admitting fault prematurely can hurt your chances of receiving fair compensation, so it’s best to stay neutral and let the investigation determine responsibility.
These steps can help protect your rights and ensure that you receive proper compensation for damages in a car accident where you were partially at fault. Consulting with a personal injury attorney is especially crucial, as they can guide you through the legal process and fight for your best interests.
Can You Still Receive Compensation If You Were Partially At Fault?
It is possible to receive compensation for damages sustained in a car accident even if you were partially at fault. However, the amount you receive may be reduced depending on your state’s comparative negligence laws.
If you believe that the other party was primarily responsible for the accident, it’s important to consult with a personal injury attorney who can evaluate your case and help prove their liability. They can also negotiate with insurance companies on your behalf and advocate for maximum compensation.
Remember to always prioritize your safety after an accident and seek medical attention as needed. By understanding comparative negligence and taking the necessary steps, you can protect your rights and receive fair compensation for any damages incurred in a car accident where you were partially at fault.
Choose Ronald M. Zakarin for Your Car Accident Case
After a car accident, you may be overwhelmed and unsure of what steps to take next. The Law Offices of Ronald M. Zakarin, P.A. is here to help guide you through the process and fight for your rights.
Ronald M. Zakarin has been practicing law in Florida for over 30 years and has represented countless clients in personal injury cases. He understands the complexities of car accident cases and knows how to navigate the legal system to get his clients the compensation they deserve.
When you choose Ronald M. Zakarin as your attorney, you can trust that he will provide you with personalized attention and work tirelessly on your behalf. He will handle all communication with insurance companies and other parties involved, allowing you to focus on recovering from your injuries. His goal is always to achieve the best possible outcome for his clients.
So don’t wait, if you have been injured in a car accident in Boca Raton, contact the Law Offices of Ronald M. Zakarin, P.A. today for a free consultation. Let us fight for your rights and help you get the compensation you deserve.
FAQs
Can you file a personal injury lawsuit if you were partially at fault in a car crash?
Yes, depending on the contributory negligence rule in your state, you may still file a personal injury lawsuit. A car accident lawyer can help evaluate your case and determine your eligibility for compensation.
How can a car accident attorney help if you’re partially at fault?
A car accident attorney can negotiate with the driver’s insurance company, gather evidence, and argue your case to ensure you receive compensation for medical expenses and property damage.
Does no fault insurance cover injuries if you were partially at fault?
No fault insurance may cover some of your medical expenses and lost wages regardless of fault. A personal injury lawyer can guide you on seeking additional coverage or filing a claim.
What role does medical payments coverage play in these cases?
Medical payments coverage can help pay for medical expenses after a car crash, even if you share partial fault. A car accident lawyer can explain how this works with other claims.