Did you know that every minute there are 12 vehicle accidents in America, 701 accidents every hour, and 16,817 accidents daily?
Distinctions have been made by means of the doctrine of comparative negligence to answer the query concerning how two careless drivers contribute to an accident and divide financial burdens arising from it. The doctrine is trying to weigh how much each contributed to the accident rather than put full blame on one of them. The result is modified financial compensation.
Who decides who was at fault and what “percentage of fault” actually means in this regard? Let us see how comparative negligence in car accident claims affects case outcomes so that you are prepared for any possible outcome.
What Is Comparative Negligence?
The concept of comparative negligence indicates the extent of responsibility for each party in an automotive crash. The damages that have to be paid will be based on the proportion of fault that each party has.
It is probable that both the complainant and the accused played a role in causing the car accident. Under such circumstances, the plaintiff can recover damages but the compensation amount will be reduced based on the percentage of fault.
For example, if the court puts you down as 20% responsible for the accident, it will then reduce your damages by 20%. A comprehensive study of comparative negligence may assist you in receiving compensation damages.
To build a successful case, it is indispensable to gather relevant supporting evidence to prove your claims and achievements in documentary form. This data serves as a norm for determining liabilities at the proceedings.
How Is Fault Determined in a Car Crash?
Determining fault in an auto accident necessitates the examination of all parties involved in the accident.
The road visibility, type of road, traffic regulations, and driving conduct at the time are some of the elements that will be subjected to thorough examination. Information such as police reports or possible witness accounts, along with video footage, will come in handy during the assessment just as much.
Each driver’s actions will be weighed to see to what extent the negligence caused the accident and the resulting damages. For instance, if someone was found to be overspeeding or ran the red light, these actions could affect their level of liability.
The end goal is to identify who was negligent and to what degree it was exhibited. Each party’s liability directly influences the potential damages awarded through available claims.
According to Kansas City car accident lawyer Eric E. Bartlett, consult your attorney if you are unsure how to prove fault for the accident, if you suspect that more than one party is at fault for the accident, or if you are worried that you partially caused the accident.
Types of Comparative Negligence
It is important to choose between different forms of comparative fault that could be applicable to the lawsuit.
There are two ways of proving comparative fault: pure and modified. In cases of pure comparative fault, a plaintiff may collect damages against a defendant even though the plaintiff is more than 50% at fault. The compensation will be reduced in direct proportion to the plaintiff’s percentage of fault. For example, 30% of the damages will be available if you were 70% at fault.
Modified contributory negligence will have a threshold mechanism, typically set at 50% or even 51%. If you hit or exceed the limit, you get no compensation.
You must know that the specifics of your case determine what type of comparative negligence will apply to it.
Filing a Claim: What to Expect
Filing a claim after a car accident can be unnerving, especially if you are not aware of the legal process.
Compile a variety of proofs needed, such as police records, medical care reports, and site photos. Present these documents to the insurance agent to settle your claims.
The determination of whether coverage applies depends on which information the insurance company receives. You can start the claims process by letting them know but the coverage isn’t guaranteed until the insurance company says so. The investigators will perform an examination that includes finding who is responsible and evaluating the extent of damage.
You might receive an offer to settle. Accepting the first offer should not be done in haste. The offer stands to be examined by the individual to see if it meets current and future needs. To evaluate possible damage relief, the matter should be examined carefully by a skilled attorney, especially regarding applied clauses.
A person can benefit from wise decisions concerning their interests if they are kept well-informed about the claims process.
How to Deal with a Comparative Negligence Case
A person who wishes to argue their case properly must collect all available information relating to the accident. Detailed documentation and solid evidence can add a lot of weight to your case.
What you have to do is find an attorney who has a good understanding of the laws in the state in which the crime occurred. Discuss with your attorney how you can secure compensation from the insurance company.
Gather all bills you have incurred and start putting them into some kind of whole documentation system. An organized representation of your evidence will make it easier to prove your claim’s amount for compensation.
You must learn how comparative negligence works in case of a car accident where you are partially at fault. Knowing how this concept works will allow you to get the compensation you are entitled to.