Compensation for Car Accidents Where Both Parties Are at Fault

Car Accident Lawyer

Even the most careful driver can be involved in a car accident at some point in his or her life. Once the initial shock has worn off and injuries are assessed, you may find yourself wondering who’s to blame for the accident. While some accidents are clearly the fault of one driver, other collisions are found to be the fault of both parties. This can make matters confusing when it comes to receiving compensation for any injuries you’ve sustained during the accident.

What Happens if You’re Partially Responsible?

Even if you’re found partially responsible for an automobile accident, you can usually seek compensation from any of the other parties who were also deemed at fault. Generally speaking, the “fault” will be expressed as a percentage. For example, if two people were involved in an accident and one was determined to be 60% responsible and the other person was 40% responsible, the person with the largest amount of fault (or their insurance company) will be required to pay their percentage of the compensation for your damages. This is the rule of “comparative negligence.” Laws vary from state to state, however, and you may not be able to receive compensation if your negligence greatly contributed to the accident in the first place.

While there is no particular “formula” for determining what amount of fault you carry, it’s usually negotiated between yourself and an insurance adjuster until you both arrive at a reasonable number.

How to Prove Who’s Responsible

There’s a good chance you’ll be talking to an insurance company instead of a judge or jury. To express your side of what happened, you need to have a clear and compelling argument that the other person’s carelessness caused the accident. It’s usually not necessary to have specific measurements or numbers, but you do need to be able to prove that the other driver was responsible based on common-sense driving laws.

Depending on your argument, it’s likely that the insurance adjuster will realize a court of law will hold the insured driver legally responsible. Insurance companies would typically rather pay a claim settlement as opposed to potentially being sued in court.

If you have sustained an injury as the result of a car accident, you may still be able to receive compensation if you are found partially at fault. It’s a good idea to contact a car accident lawyer, like a car accident lawyer in Indianapolis, IN, to discuss your options no matter what the case. Not only will an experienced lawyer be able to answer your questions, but they can help you receive the maximum compensation you’re entitled to.

More info at Car Accident Law Firm Indianapolis.