Most car accidents frequently result in injuries, property damage, and even fatalities. Fortunately for victims, they can file a personal injury claim to receive compensation for the damages of a collision.
Determining liability is essential for settling legal and financial issues following an accident. Generally, you can only file a claim if the accident results from another road user’s wrongful actions, leading to your injuries and damages. However, what happens if you are partly at fault for a crash?
This comprehensive guide aims to clarify the factors that influence liability in car accidents and what strategies to take to protect personal injury claims.
What is Driver Liability?
Driver liability is the responsibility of a driver for any losses or harm caused by their carelessness or actions while behind the wheel of a vehicle. Generally, all drivers must ensure everyone’s safety on the road—this is called a duty of care.
If a driver fails or neglects to be responsible on the road, commits violations, and causes an accident, they may be responsible for the accident. This is because they breached their duty of care or acted negligently, resulting in an accident.
If you sustain injuries from a car accident caused by another driver, they should cover your damage expenses. This is because their negligence resulted in your injuries or damages.
Comparative vs. Contributory Negligence
Depending on the location of the accident in the United States, there are types of negligence that should be considered when pursuing a personal injury claim. Comparative and contributory negligence are the two most prevalent forms of negligence.
Contributory Negligence
According to the legal principle of contributory negligence, a victim can’t be awarded damages if they are shown to have caused their own injuries. This theory prevents the plaintiff from obtaining damages even in cases where their carelessness pales in comparison to the defendant’s negligence.
For example, a drunk driver hits you. At that time, you glanced at the radio set to switch stations. In such an instance, you won’t have the right to compensation even if the court finds you only 20% liable for the crash.
Some states that still adhere to the contributory negligence doctrine include Alabama, Maryland, North Carolina, and others. It is best to check the jurisdiction of the state where your accident occurred to determine your chances of receiving compensation.
Comparative Negligence
Comparative negligence permits a more equitable sharing of responsibility and losses among the accident’s victims. However, there are two main types of comparative negligence.
In pure comparative negligence jurisdictions, each party’s percentage of fault for the accident is calculated, and damages are allocated appropriately. Even if a plaintiff is primarily at fault, they may still receive damages, but their percentage of fault will reduce their award. For instance, if a victim is determined to be 10% liable, they will receive 90% restitution.
On the other hand, in modified comparative negligence systems, plaintiffs can only obtain damages if their degree of responsibility is less than a particular threshold, which is usually 50% or 51%. If the plaintiff’s fault surpasses this threshold, they cannot obtain any damages.
Can Several Parties Be Liable for an Accident?
Sometimes, several individuals might be held responsible for an accident. This circumstance frequently emerges in complex accidents involving multiple factors or parties.
In multi-vehicle collisions, more than one driver may be at fault. Their activities will determine each driver’s degree of fault before the accident. You may file several personal injury claims simultaneously if you can prove they all share liability in the car accident.
While possible, doing this may become complicated. How can you handle such complex claims if you have injuries to recover from? A car accident lawyer can handle all claims and negotiate to maximize your payout.
What to Do in a Car Accident to Protect Liability Claims
If you are involved in a car crash, you should take particular measures immediately to preserve your liability claims and guarantee you receive the compensation you deserve. Here is what to do:
Seek Immediate Care
Remember that claims for injuries from auto accidents are dependent on the injuries you suffered in the collision. You might not be allowed to make a claim if you have no proof of your injuries.
Furthermore, some injuries might not show up right away following the collision, which could cause sufferers to put off being checked out by a doctor. Insurance companies, however, might use this as justification to reject your claim, saying that your injuries have nothing to do with the collision.
Even if you think you may not have been injured in the crash, you must see a doctor immediately. This guarantees an accurate recording of potential damage and supports your insurance claim if the insurance company disputes it.
Gather Evidence
After obtaining medical assistance, gathering ample evidence at the accident scene is essential. Even if you are certain the other driver caused the collision, the court may dismiss your case if you don’t have sufficient evidence.
So, if possible, gather the following evidence at the accident site:
- Photographs of the accident, capturing the vehicle damages, prevailing weather conditions, road conditions, and other relevant details.
- Videos of the accident, which may be obtained from dash cameras or surveillance footage.
- Contact information for witnesses and their testimonies regarding the incident.
- Police reports document the details of the accident.
Cooperate with the Investigation
Victims are obligated to report accidents resulting in injuries or significant damage. You must contact emergency services by dialing 911 promptly after a car accident and cooperate fully with law enforcement officers during their investigation. Leaving the scene without informing the authorities could exacerbate the situation.
However, when cooperating with the authorities, always stick to the facts you know and avoid sharing unnecessary details, as anything you say can affect your claim. If you are unsure of specific information, it is best not to share it. Also, avoid apologizing, as this may be construed as a fault in the crash.
Contact a Legal Expert
People who suffer injuries in auto accidents frequently aren’t able to file claims, especially if their injuries are severe or even fatal. After a collision, consulting with a lawyer is frequently the best course of action.
For instance, a drunk driver in Long Beach, without a signal, hit you while you were driving at an intersection. Since the impact was so extreme, you became unconscious, damaged your head, and spent a year in the hospital. After the treatment, you wanted to file a claim. However, you now have limited time to pursue a case.
In this case, Long Beach attorneys can help protect your rights by gathering the necessary evidence, locating the driver, filing the case, and negotiating with insurance companies.
Conclusion
Understanding negligence in a car accident is critical to identifying fault and taking legal action. Individuals can successfully pursue or defend car accident claims by gathering evidence, showing liability, and following legal procedures. Finally, contacting legal assistance is critical to ensuring a fair outcome and protecting one’s rights following a car accident.
A personal injury lawyer has the knowledge, skills, and resources to collect proof, prove fault, and fight for you. They can also determine the extent of damage caused and seek just compensation.
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