What If One Of The Accident Victims Was Also At Fault?
Here’s a great guest blog post by Aaron Wallenstein, a premier NYC dwi lawyer. It might seem that blame in a car accident is black and white. Someone did something wrong and caused an accident. Few people consider that both parties involved in the accident can be to blame for the accident, but it happens. Fault is the issued to the person who caused the accident, but sometimes fault is issued to both parties. While fault might not be placed fifty percent on each driver, it can be placed partially on one and more on the other. It all depends on the circumstances of the accident, but there are repercussions for those who are at least partially at fault. You might be the victim, but partial fault can affect your situation.
Will I Still Receive Compensation?
This is a complex question, and the answer is yes and no. Depending on where you reside, you might still receive compensation even if you are partly to blame for an accident. If you are injured in the accident as a victim and partial blame is being given to you, you might receive compensation if you live in a state with specific defenses such as the following:
– Contributory-comparative negligence hybrid
– Comparative negligence
– Contributory negligence
If you live in a state where contributory negligence is recognized, you will not be eligible to receive damages at all if you are even partially to blame. If comparative negligence is an issue, a court will take a look at all the evidence gathered by the officers on the scene of the crime, photos, and testimony. Even if you are partially to blame for the accident, you might still receive compensation if the other driver is more to blame than you.
If you live in a state where contributory-comparative negligence is considered, your fault is determined based on a scoring system. If your fault in the accident is less than 50%, you can receive damages. It’s important to understand these damages will not be 100%. They are decreased by the percentage you are to blame for the accident. It’s complex and not always easy to tell what kind of responsibility you have, which is why contacting an attorney is the best choice.
Damages You Might Receive
If it’s determined you’re eligible to receive damages despite being party to blame for an accident, there are several you might try to claim.
– Decreased earning capacity
– Medical bills
– Property damage
– Pain and suffering
– Funeral and burial expenses
– Lost wages
These might not be issued to you in full, but partial damages can be given to those who are considered partially at-fault in the case of an accident. If you believe you are partially to blame for an accident and still want to seek damages to cover the cost of any of these things, calling an attorney is your best option.
Personal injury claims are complex enough without adding partial blame to an accident. These situations become increasingly difficult to handle by yourself if you are not to blame but the other driver begins to accuse you of partial blame. An accident investigation after the fact might prove you share partial blame with the other driver leaving you without as many options as you previously had.
Calling an accident attorney is your best course of action if you are partially to blame. Depending on where you reside, we can help you seek damages at least partially. The process is not a short one, and we cannot tell you how long it will take to close your case. Until we reach a settlement with the other driver’s insurance company, you will be responsible for paying your own medical bills and handling lost income. The good news is we don’t charge for our services until we win your case. Our initial consultation is always free, and there is no charge if we lose. Call us now to discuss your legal rights if you are being partially blamed for causing an accident in your vehicle. You do have options, but you must get to know them prior to seeking damages either entirely or at least partially depending on state laws where you live and where we work.