Being Partially at Fault for a Car Accident: How It Affects Your Potential Award

Car Accident Lawyer

Serious injuries sometimes result from car accidents. Regardless of what happened, the pain and suffering are real, as are the medical expenses. As a car accident lawyer in Frederick, MD from a law firm like Peeples Law Group can explain, even if you’re partially at fault for a crash, you’ll want to be compensated for the other party’s negligence.

Here are some things you should know about wrecks where the litigant remains somewhat responsible.

How Fault Determines Car Accident Lawsuit Awards

Courts and insurance companies decide how much a victim might get paid based on fault percentages. Many factors contribute to this equation, including whether the litigant was obeying traffic laws, or was distracted at the time of the accident. The more fault you bear, the greater the amount you stand to receive is reduced. For example, if a court determines that you are 10% responsible for the accident, expect the compensation you’re awarded to decrease by that value. Drivers who are half responsible or more so for the accident in question are ineligible to receive any compensation. Even if you were not warned about the dangers inherent in driving on a particular road or the nature of the vehicle you were operating, you still might not be able to collect. On the other hand, if you were rear-ended, the other driver is likely to be entirely responsible.

How Fault Percentage Is Determined

Once an accident has been brought to the attention of attorneys and insurance companies, every element relating to the incident is examined. Topics covered are likely to include everything from car damage to driver behavior and traffic conditions. 

Naturally, proof plays a major factor in making these decisions. Police reports are reviewed, as are photos of the accident scene. Any video inadvertently caught from a nearby store or home security system may make a difference. Witnesses are another factor that should not be discounted. Car accident attorneys are experts at gathering these statements. If someone testifies that you bear responsibility for a wreck, your lawyer can help mitigate its significance. Additionally, your legal representative may decide that it’s in your interest to hire a traffic expert to determine fault. Experienced car accident lawyers are well connected with these professionals and can get one on your side.

Even if you played a role in causing a pileup, you can still get paid for your injuries, as long as someone else is partially to blame. Contact a car accident attorney to maximize the dollar value you stand to be awarded.