Can I Get Compensation If The Accident Was My Fault?

Accidents in At-Fault States

The majority of states in the nation have fault-based systems when it comes to traffic accidents. These states require that you demonstrate that another party’s conduct is responsible for the collision before you can recover any losses.

If you’re in a collision and are partly to blame for the accident, it’s essential to know whether your state follows contributory or comparative negligence. That can make a difference in whether you’re entitled to receive some compensation or not.

Comparative negligence is a principle of tort law that can be used to reduce the amount of damages you receive if you were partly to blame for the collision. Some states follow pure comparative negligence, which allows you to recover even if you were 99% to blame, but the majority have modified comparative negligence laws.

Modified comparative negligence relies on either the 50% or 51% bar rule. In a state with a 50% bar rule, you may not recover losses if you were 50% or more at fault for the accident. Whatever you receive in damages will be reduced by your percentage of fault.

Contributory negligence is the doctrine that Virginia, Alabama, Maryland, North Carolina and D.C. use. In these states, you are not allowed to recover losses if you were in any way responsible for the accident. Even if you’re assigned only 1% of the fault, you can’t receive any compensation for your losses.

Accidents in No-Fault States

There are 12 states that have no-fault laws, with three of these being “choice” no-fault. If you are in a car accident in these states, you can file with your personal injury protection (PIP) insurance to receive compensation for medical expenses and a percentage of lost wages up to your policy limit.

You don’t have to prove fault when you file with your PIP insurance, so you can still recover losses if you were to blame for the collision. Complications would only arise if you suffered serious injuries that your PIP won’t cover and which allow you to step outside of no-fault laws. If that’s the case, then the same rules that at-fault states have come into play.

How Is Fault Determined in a Car Accident?

One of the first things that a lawyer and insurance adjuster will do is start gathering evidence to determine fault. Sometimes, drivers make the mistake of apologizing or claiming fault right after an accident, and that can be used against them later on. It’s one of the reasons why lawyers always remind you not to speak with the other driver except to get their information.

Evidence that can demonstrate liability can include photos and videos taken at the scene of the accident, as well as footage from traffic cameras and other surveillance options. The police report is invaluable since it provides information on what the officers saw at the scene and what they determined was the cause of the crash.

Witness statements are another factor that can help determine fault and impact a car accident settlement or lawsuit. Eyewitnesses are particularly helpful, especially if they’re not passengers in either of the vehicles involved. Your lawyer can depend on expert witnesses to offer testimony on what happened.

Keep in mind that you'll need a lawyer to help, especially if you hold a percentage of fault. Small details - like having no registration because you bought a new car - won't affect how the accident occurred but can still be used against you in a lawsuit to imply negligence. The other party’s insurance will do everything possible to place as much of the blame on you, which could leave you unable to recover losses. An attorney will fight for fairness during negotiations.

Filing a Claim With Help From a Car Accident Attorney

Being in a car accident can leave you battling injuries that could leave you with significant medical expenses and the inability to work while you recover. To be able to file a claim and receive compensation, most states require that you demonstrate another party was responsible for the accident. That’s not always easy to do.

If you were partly at fault for the accident, it’s essential that you hire experienced attorneys to help you through the process. Even if you’re not sure whether your claim will be significantly impacted by your degree of fault, always work with a lawyer so that you have the best possible chance of recovering losses.

At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. Contact our team to learn more about how we can help.