You suffered serious injuries in an accident. Unfortunately, you were partially at fault for the accident. Now what? Many victims of serious accidents are left wondering what comes next when they bear some of the responsibility for that accident.
How Much Fault Do You Bear?
When it comes to determining liability for an accident, generally, the courts and the insurance company will rate it on a percentage-based scale. How did your actions contribute to the accident? Did you choose to ignore traffic laws–speeding, ignoring a red light, or running a stop sign? Were you distracted, either by your phone or by something else going on in the vehicle, at the time of the accident?
If you bore less than half of the responsibility for the accident, any compensation you receive from the other party’s insurance company will be reduced by the percentage of the responsibility you bear. For example, if you caused 10% of the accident, your compensation will drop by 10%. On the other hand, if you are found to be 40% liable for the accident, your compensation will drop by 40%.
On the other hand, if you bear half or more of the responsibility for the accident, you are not due compensation from the other party or their insurance company. For example, if you chose to horse around in a store, causing you to fall down a clearly-marked flight of stairs, you may bear more than half of the responsibility for your injuries, even if the store failed to put away an object that eventually led to your injuries. In this case, the store’s insurance company may owe you nothing for your injuries.
How is the Percentage of Fault Determined?
Most of the time, in order to determine the percentage of fault you bear in an accident, you will start by looking at the accident itself. What factors contributed to the accident? A driver who ran a red light, for example, may bear primary responsibility for the accident. However, a distracted driver who pulled straight out into the intersection without looking might bear a percentage of that responsibility. Likewise, if another driver rear-ended you, they likely bear the majority of the liability for that accident. However, if your tail lights were out at the time of the accident, you may still bear some of the responsibility. How is that liability determined?
Following the accident, the insurance companies and lawyers will sit down and discuss all of the factors that contributed to the accident. You may have the opportunity to call witnesses. Your attorney may even provide an expert witness who will help assess liability in the accident and determine how much you might have contributed. They may examine:
- The police report from the accident
- Any video of the accident, including stores’ surveillance footage or traffic cameras that might have caught a car accident
- Witness statements
- Photos from the scene: you after a fall or the vehicles after a car accident, for example
- Photos of the scene of the accident taken after the fact that show factors that could contribute to the accident
In some cases, you may believe that the determination of liability is inaccurate or incorrect. In this case, you may ask an attorney to help better establish who bears fault for your accident and your injuries.
Did you suffer serious injuries in an accident? Whether you bear 10% of the fault for that accident or 49%, you need an attorney on your side who will fight to ensure that you get the compensation you deserve. Contact us today to learn more about our services as personal injury attorneys and how we can help you seek the compensation you deserve after an accident.