After car accidents, you can easily get caught up in the heat of the moment and all the stress. You can end up in heated disagreements about responsibility. This can create huge problems you need to be aware of.
Defining At Fault
This practically means who was at fault for the accident. This legal term is very common in personal injury law unless living in no-fault US states.
In most situations, people start to point fingers since they think someone else is at fault. We naturally tend to think that our driving is beyond criticism. However, when discussing compensation claims and insurance companies, someone needs to be at fault. The insurance adjuster will have to identify details and reimburse the affected driver.
But what happens in the event that you were actually at fault? According to Regan Zambri Long in Washington DC, there are some things you have to be aware of.
When One Party Is To Blame
In most cases, it is very easy to figure out who bears the blame for what happened. If a traffic law is broken, the person that does that is usually at fault. For instance, when someone runs a red light, the driver is most likely the responsible party.
With accidents that are not straightforward happen, it is much more difficult to find the person responsible.
When Multiple Parties Are To Blame
In many accidents, blame is actually shared. Or, multiple parties have some sort of fault. Basically, 2 or more drivers were negligent and it was this combination that led to the crash.
For instance, one of the victims was distracted because of using the phone. The other one was discussing something with a passenger. If this is the situation, the insurance claim becomes complicated and it is important to analyze the negligence of every party.
Figuring out fault in a car accident is all about figuring out the negligence of the party and how much this contributed to what happened. Basically, accident circumstances are analyzed. Then, what both parties say is taken into account. The officer then looks at different other factors, like weather conditions, traffic conditions, and more. The insurance company calculates fault percentages to figure out who was mostly at fault.
This is something that is used in many US states. It practically means that fault is analyzed for all people involved in the crash. If you have a part of the fault, you can still file an injury claim, as long as it is less than 50%. As an example, when the fault assigned to you is 40%, the damages you receive will be reduced by exactly that percentage. If the claim you should receive is $100,000, because of comparative fault, you would only receive $60,000.
No matter if you think you were at fault or not, it is very important that you hire a car accident attorney. This specialist will guide you through the entire process and will make sure that you are going to receive the highest possible financial compensation that is capable of covering absolutely all damages and injuries.