Personal injury cases are usually complicated. More than one party may share responsibility for causing an accident. In an extreme illustration, even if you suffered injuries but were partly at fault, you might be wondering if it is reasonable to recover compensation. The answer to this question is straightforward: sharing fault does not in itself automatically disqualify you from recovering damages. Rather, the amount you may receive would be relatively less than what you would otherwise be entitled to receive.
This article takes you through what happens when you share fault in a personal injury case, how different laws apply, and gives you a few tips on how to still protect your rights and maximize your compensation with the help of a personal injury lawyer for shared fault accidents.
The Basic Understanding of Comparative and Contributory Negligence
Laws regarding shared liability usually differ from place to place. They fall under the following two categories:
Pure Contributory Negligence (Extreme Rule)
In some states, there would be such a rule, where any fault beyond 1% will make the plaintiff ineligible for even one nickel as compensation; this rule is extremely strict and is applicable in very few states.
Comparative Negligence (Most Common Rule)
Most states, including California, practice this. You may still obtain compensation even when you’re found partially liable, but your percentage of responsibility reduces your compensation amount, which may even increase your compensation in some circumstances.
This doctrine takes two different forms:
Pure comparative negligence:
You may recover damages no matter how much fault you share with others; however, your damages are reduced based on your own share of liability. (For instance: if you are 70% guilty of the accident, you can get at least 30% compensation.)
Modified comparative negligence:
You may only claim against one of the parties involved in the accident if you are found to be less than 50% or 51% at fault depending on the jurisdiction. If you exceed that, you will not be compensated at all.
What Happens If You Are Not 100% at Fault?
If the jury finds that you are partially responsible for the accident, then your damages for your injuries will be offset by some percentage based on your comparative liability. Let’s look at the example below to see how this works:
Example 1: Pure Comparative Negligence in California
Suppose you are injured in a car collision and the court finds that your total damages are $100,000; your comparative liability is 30% in the case for speeding.Â
In this case, you will lose up to 30% of your total compensation. This means you will receive $70,000 instead of the full $100,000.
Example 2: Modified Comparative Negligence in a 50% Bar State
Now, let’s say the accident happened in a state with a 50% rule:
If they find you 49% at fault, then you can recover damages totaling 51%.
If they find you 51% at, then you get $0.
That’s why you need an attorney with help to prove your percentage of fault is as low as possible.
Determining Liability in a Personal Injury Case
Insurance companies and courts use a variety of factors to determine who was at fault for causing an accident, such as:
1. Police Reports
The officer responding to the scene may issue a report assigning blame after investigating the accident. Police officers often write these reports. Though they are not legally binding, insurance companies and courts often consider them important evidence.
2. Witness Testimonies
Eyewitness accounts can help to show who is liable for the accident. Their testimonies can create a huge impact on your case if several witnesses tell the same story.
3. Surveillance Footage and Photos
Footage taken from traffic or security cameras or cell phones can provide undeniable evidence of how the incident occurred and who is to blame.
4. Expert Analysis
An accident reconstruction expert may be called in to analyze the scene, determine speed at which vehicles were traveling, and assess each party’s percentage of liability in the more complicated cases.
5. Your Statements
Be careful what you say at the scene of your accident or to insurance adjusters. Simply saying “I’m sorry” may be used as an assertion of fault against you.
What to Do If You Are Partially LiableÂ
1. Never Admit Blame Immediately
Emotions are high immediately after a crash, and the natural feeling is to apologize—even if you are not fully to blame. Admitting to fault is disastrous for your case since compensation might get slashed.
2. Gather Strong Evidence
The stronger your evidence is, the lesser the chances of proving the fault to be lesser than what the insurance claims. Provide the following pieces of evidence:
- Pictures and videos of the incident site.
- Medical records validating your injuries.
- Contact details of witnesses who support your story.
3. Let an Attorney Handle Negotiations
Insurance companies love to pass the blame in order to lessen their payments. Experienced personal injury lawyers can put a stop to this. By having the counsel of a lawyer, you will not be held liable to any possibility of augmenting your blame percentage, thus helping you to maximize your compensation.
Do you need expert witnesses in Proving LiabilityÂ
In many cases, expert witnesses serve to prove the fault. These professionals analyze evidence and render expert testimony that strengthens the case. Some of the main experts are:
- Accident Reconstructionist– They recreate the accident using scientific methods to demonstrate the actual perpetrator of such an event.
- Medical Expert– They explain the extent of your injuries and how it relates to the incident.
- Economic Expert– They find out how much you lost in revenue due to your injuries.
The right lawyer will help in bringing the right experts to prove you deserve maximum compensation.
How Comparative Fault Affects Settlement Negotiations
Insurance companies tend to assign more blame to you to reduce your payouts. They may claim:
- At the time of the accident, you were distracted.
- You breached the duty of care to avoid injury.
- Your injuries were not caused by the accident but pre-existing conditions.Â
A strong legal team may oppose these tactics by submitting strong evidence and negotiating a fair settlement.
Court Actions When Blame is Shared With Another Party
When the company decides not to settle with you on the grounds that you are more liable than you actually are, consider taking your case to court for independent verdicts by a judge or jury on what compensation you are entitled to based on the weight of the evidence presented.
A lawyer will guide you through this process and fight to ensure that you get the best representation to maximize your compensation.
FAQs
1. What happens if I am 50% to blame?
You will get compensated in states that follow the doctrine of pure comparative negligence. You may not, however, obtain complete compensation since 50% is usually the cut-off point in states with modified comparative negligence laws.
2. Can insurance companies misrepresent my fault percentage?
Yes. To lessen your payout, insurance companies may try to increase your liability percentage. Therefore, it is best to obtain an aggressive attorney to refute these claims.
3. What can I use to prove that I was not to blame?
You can possibly provide police reports, witness statements, medical history records, and CCTV footage or photographs to prove your case. An attorney can help in providing these pieces of evidence as is appropriate to be presented in court during the trial.
4. Will an attorney help to reduce the fault percentage raised against me?
Yes. An attorney will be able to fight the blame assigned to you by producing proper evidence. They will negotiate with the insurance company to accomplish the purpose of reducing your percentage of blame so as to increase your compensation amount.
Final Thoughts
Don’t think that being partially liable means that you walk away from compensation. With the right legal manoeuvers, you can reduce the percentage of your fault, which in turn can maximize the offer you will get for the damages. If you are part of a shared-fault accident, don’t settle for less than what you deserve. Contact Big Ben Personal Injury Lawyers today and let them fight for your rights.
Enjiris
Comparative NegligenceÂ
Contributory Negligence andÂ
Determining Fault:
https://www.enjuris.com/personal-injury-law/shared-fault-rules/
Expert InstituteÂ
Personal Injury Expert Witnesses in California:
https://www.expertinstitute.com/expert-witness/personal-injury/california/