Being in a car accident can be one of the most traumatic experiences in a person’s life. Those involved tried to determine who was at fault almost immediately after the impact. The victim in an accident can be 100% fault-free. However, both parties usually share some fault in an accident. You may know it wasn’t entirely your fault, if at all, but how do you prove it? Can you still recover compensation for your injuries and losses? Hach & Rose, LLP has your answers. We can help you measure shared fault in a car accident and determine how much compensation you may recover.
The Importance of Shared Fault
Determining Fault
In determining fault, insurance adjusters and courts look for things both parties could have done to prevent or avoid the accident. If you are sitting third in line at a stoplight and a drunk driver rear-ends you, there is no doubt that you were not at fault. There is nothing you could have done to avoid that accident. If it appears that you could have prevented the accident in some way, your fault will be higher. For instance, suppose you were sitting at the stoplight, and you begin moving forward. When the drunk driver came speeding toward the light, they saw a car getting ready to drive into the intersection. Although the drunk driver’s fault is still greater, you may also bear some responsibility. The more you could have done to prevent being involved in or injured in the accident, the greater your degree of fault will be. If you have more questions, don't hesitate to contact us today.Avoiding Shared Fault
- Obey all traffic laws — If you are driving at the speed limit, stopping at all signals, and following the rules of the road, it is more difficult to blame you for another driver’s accident.
- Wear your seat belt — This protects you in case of an accident but also prevents the other side from arguing that some of your injuries were preventable if you had worn a seatbelt.
- Keep your vehicle in good repair — Partial fault can be assessed if you have poor brakes, broken lights, or other mechanical problems that prevent you from reacting appropriately in an emergency. If your car is in good condition, your fault will be less.
- Avoid distractions — Never text or use a cell phone when driving. Try to avoid other distractions like eating or adjusting your GPS device.