Getting into a car accident can be a scary and stressful experience. Even if you are only partially responsible for the crash, you may still have injuries and vehicle damage that need to be taken care of. In these situations, you may be wondering if hiring a car wreck lawyer can help you recover compensation when you share fault for the collision.
The short answer is yes – car accident attorneys can still help you seek financial compensation, even if you are partially at fault. Here’s what you need to know about recovering damages when you share responsibility in an auto collision, and how local car accident lawyers can assist.
Determining Liability in a Car Crash
After a car accident, a key question is: who was at fault? Liability refers to legal responsibility for causing the crash. Many accidents involve a shared percentage of fault between multiple drivers. Here are some common scenarios:
- One driver is primarily at fault – For example, if someone runs a red light and T-bones your vehicle, they would typically hold majority liability. You may share a small portion of fault, such as 10% if you could have braked slightly sooner.
- Equal, 50/50 split liability – In some collisions, investigators determine each driver made errors that equally caused the accident. For example, both parties may have been distracted and drifted into the other lane.
- Disputed liability – Sometimes fault is unclear, and each driver blames the other party. Evidence like witness statements, camera footage, and crash reconstructions will help support each side.
- Multiple vehicles share fault – Large chain-reaction crashes can involve liability distributed across many drivers. For example, if Car A hits Car B, propelling them into Car C, each driver may share in the fault.
Understanding how liability is determined is important – even if you made mistakes, you may still deserve compensation. An experienced car accident attorney can help assess fault and fight for your best interests.
Why Hire a Car Accident Lawyer When You Share Fault?
Even if you share fault for the accident, hiring a local car wreck lawyer is highly recommended. Here are some key benefits:
1. Maximize Compensation You Recover
Less fault on your part means higher compensation. Skilled car accident lawyers know how to present evidence in the best light possible to minimize your liability. This directly translates to more damages recovered in a settlement or court award.
For example, say the crash caused $100,000 in medical bills and vehicle damage. If found 20% liable, you may recover $80,000. But if an attorney can lower your share of fault to just 10%, you may be able to recover $90,000 – significantly more money in your pocket.
2. Deal With Aggressive Insurance Adjusters
Insurers are profit-driven, and their goal is to minimize payouts on claims. Adjusters may take advantage when they know you share fault by trying to place most of the blame on you.
A seasoned car wreck lawyer levels the playing field against even the most aggressive insurance company. Your attorney is there to fight for your rights to compensation and does not back down easily.
3. Understand Complex Legal Processes
Car accident claims involve many complex steps – notifying insurers, investigating fault, calculating damages, negotiating settlement offers, and more. The laws also vary between states.
An experienced attorney handles the complicated legal and claims processes for you. You can focus on your recovery, while your lawyer navigates the often-confusing world of accident claims and lawsuits.
4. Avoid Costly Missteps
Making a misstep when handling your car accident claim could jeopardize your right to maximum compensation. When you go out of your way to seek the best Husain Law + Associates, PC car wreck lawyers near me, you decrease your chances of making case-sinking mistakes. An experienced attorney will increase your chances of success by avoiding problems like missed deadlines, failing to notify insurers properly, or making a statement that inadvertently shifts liability away from the other driver onto you.
You want a strong advocate in your corner to prevent innocent but costly mistakes. Errors may mean you recover thousands less than if you had hired a lawyer.
How Comparative Negligence Laws Work
Many states have enacted “comparative negligence” laws which allow for liability and compensation to be divided based on each party’s percentage of fault. This enables people who share fault to still recover damages, less their amount of responsibility. There are two main types:
Pure Comparative Negligence
A pure system lets you recover compensation reduced by your degree of fault, even if you are mostly responsible. For example:
- Total damages: $100,000
- Your fault: 80%
- Other driver’s fault: 20%
You could still potentially recover $20,000 (the other driver’s share of damages). Only a few states use a pure comparative system.
Modified Comparative Negligence
In a modified system, you may only recover damages if your share of fault is under a certain threshold – often 50%. If you are more than 50% responsible, you recover nothing.
For example, with $100,000 in damages:
- Your fault: 40%
- Other driver’s fault: 60%
You can recover $60,000 (the other driver’s portion). But if you were 60% liable, you would not recover any compensation. Most comparative negligence states use a modified system.
Why Not Just File a Claim With Your Own Insurance Company?
After a car accident where you share fault, many people wonder – can’t I just go through my own insurer to get compensated? Why involve a lawyer and deal with the other driver’s insurance company? Can’t I just file or settle a car accident claim without a lawyer?
It’s true your own insurer must cover you for damages after an accident, even when you share the fault. Unfortunately, relying only on your policy often severely limits what you can recover. Here are the downsides:
You Have to Pay Your Deductible
Your collision coverage will pay to repair your car after the crash but you must pay your deductible, often $500 – $1,000. Not recovering this from the at-fault driver is money out of your pocket.
No Compensation for Other Losses
Your auto policy only covers vehicle damage and some medical payments. But you have to pursue the other driver’s insurer to recover compensation for your full auto repair costs, medical bills, lost wages, pain and suffering, and other losses.
Higher Premiums in the Future
Filing a claim with your insurer, even when you share fault, often leads to increased premiums down the road. This financially penalizes you again for the accident.
Gaps in Coverage
Your policy may not fully cover all your economic and non-economic losses from the crash. Lost wages, diminished earning capacity, and pain and suffering damages are not always adequately covered.
To be fully compensated, you need to go beyond your policy limits and pursue maximum damages from the at-fault driver’s insurer. An experienced car accident lawyer can handle this entire process for you.
Steps a Car Accident Attorney Will Take On Your Claim
Hiring an auto accident attorney is the best way to maximize compensation when you share fault. Here is an overview of the key steps skilled car wreck lawyers will take:
1. Investigate the Accident
Your attorney will thoroughly investigate liability factors like:
- Road conditions
- Witness statements
- Visibility and weather
- Traffic signs, lights, and controls
- Vehicle damage and points of impact
- Police reports
- Driver records and previous violations
- Visual evidence like camera footage or smartphone recordings
The goal is to gather evidence showing the smallest possible percentage of fault belongs to you.
2. Calculate Damages
Next, your lawyer will calculate all damages stemming from the crash, such as:
- Vehicle repair or replacement
- Medical expenses
- Lost income
- Cost of hired help during recovery
- Future impacts on earning capacity
- Pain, suffering, emotional distress
- Loss of enjoyment and quality of life
Documenting the full scope of your losses is crucial for maximizing your payout.
3. Negotiate with Insurance Companies
Your attorney will contact all relevant insurers and aggressively negotiate on your behalf. They will cite evidence minimizing your fault while demanding full and fair compensation. Experienced lawyers know how to work with insurance adjusters to reach favorable settlements.
4. Be Prepared to Litigate if Necessary
If insurers refuse to offer just compensation, your lawyer will be ready to take the case to court. They will file a personal injury lawsuit demonstrating the other driver’s liability while skillfully downplaying your role. If needed, they will zealously represent you throughout the litigation process.
5. Help You Recover Maximum Damages
In the end, your attorney’s goal is to recover the maximum car accident damages possible in your situation. Through skillful negotiation or litigation, they will fight to minimize your assigned fault while securing full and fair compensation. With an experienced car accident lawyer, you have an advocate who will not back down until you receive everything the law entitles you to.
Frequently Asked Questions
Can I still recover damages if I’m more than 50% at fault?
It depends on your state laws. In pure comparative negligence states, you may recover compensation reduced by your percentage of fault, even if you are mostly liable. But in modified comparative fault states, you generally cannot recover damages if you are more than 50% responsible. An attorney can advise you based on your jurisdiction.
How is fault determined?
Fault is determined by considering all evidence objectively. Police reports, witness statements, video footage, physical evidence, driving records, state traffic laws, and expert testimony help assess each party’s actions and level of responsibility. Your lawyer’s aim is to lower your allocated percentage of fault by presenting all evidence in the best light possible.
Do I have to pay my lawyer if I’m partially at fault?
Yes, but experienced personal injury lawyers work on a contingency fee basis in these cases. You pay nothing upfront. Your attorney only collects a percentage of what they recover for you. If you receive no compensation, you owe no fees. This means hiring a lawyer costs you nothing extra.
Can I still file a claim if I’m partially at fault but have no auto insurance?
Yes. Underinsured and uninsured motorist coverage from the at-fault driver’s policy can compensate you directly. Your lawyer can pursue damages through the other party’s insurer on your behalf. Lack of insurance does not prevent you from recovering what you are owed.
How long do I have to hire a car accident attorney after a crash?
Each state has strict statutes of limitations setting deadlines to take legal action or file insurance claims. These range from 1 – 6 years in most states. To preserve your right to damages, consult an attorney immediately. A lawyer will know the laws and time limits applicable to your case.
Speak to a Car Wreck Lawyer Today
Being partially at fault in a car accident does not prevent you from recovering the compensation you deserve. Skilled car wreck attorneys know how to minimize your liability while fighting for maximum damages. Hiring an experienced personal injury lawyer is key to getting the money you need to cover losses, medical care, and other expenses.
Don’t leave money on the table – contact a knowledgeable car accident attorney in your area for a free consultation. They will review your case specifics and advise you on the best path forward to recover full and fair damages. With an excellent lawyer on your side, you can rest assured your rights and interests are protected each step of the way.
