Steven A. Bagen | January 15, 2025 | Car Accidents
If you are partly to blame for your car accident, you may still be eligible for legal relief. The laws in most states allow injury victims to recover at least some compensation, even if they contributed to the accident in question.
However, you should also recognize that insurance companies and liable parties might wrongfully blame you to minimize their liability. Never simply accept partial blame, as this is often a defensive tactic to limit a settlement offer and is not rooted in the facts of what happened.
Do not give up if you are facing partial blame for an accident or believe you might be partly to blame. Instead, discuss your legal options and rights with a car accident lawyer who can assess your situation in line with your state laws.
How You May Still Receive Compensation If You Share Blame for a Car Accident
Let’s look closer at how partial blame can work after a car accident. Consider an example in which:
- Two cars collide in a head-on manner on a one-way road
- One motor vehicle driver was speeding, but they were traveling in the right direction at the time of the accident
- The other car driver was traveling in the wrong direction while texting and driving
You might conclude that both drivers share fault for this accident. However, the driver who was texting and driving while driving in the wrong direction will almost certainly be more responsible for the accident.
In most jurisdictions, the texting driver who was in the incorrect lane will still need to compensate the other driver, even though they were speeding. This is because they were much more to blame for the crash.
These are complicated personal injury concepts; you should always hire a car accident lawyer apply them to your case. Never trust an insurance adjuster’s assessment of fault and liability with a professional legal evaluation.
Expect Insurance Companies to Exaggerate Your Role in Causing the Car Accident
With the cost of car accidents routinely reaching six figures or more, insurance companies have much to lose. You may deserve a substantial sum of compensation from the at-fault driver’s insurance provider, and that insurer may try to reduce its losses by:
- Claiming you share a greater percentage of blame for the accident than you actually do (and even claiming you have the majority share of fault)
- Disregarding or underplaying evidence that works in your favor
- Offering a lowball settlement
- Engaging in other unethical practices meant to harm you financially
To be clear, your financial loss is the insurance company’s gain. This is why you must be strategic and cautious, stay wide-eyed about insurance companies’ motives, and always allow a car accident attorney to protect and fight for you.
Let a Car Accident Lawyer Determine Who Is to Blame for the Accident, Then Fight for You
The average accident victim may not know how to determine the share of blame for a car collision or fight back against wrongful accusations of fault. A lawyer’s experience and training enable them to do just that, which is one of several reasons to turn to an attorney after your accident.
Some steps your lawyer will take to determine the true division of liability and build your case are:
Gathering Evidence
Your car accident lawyer and their team will quickly investigate your accident, as this is arguably the most time-sensitive step in the claims process. Evidence your lawyer gathers may include:
- Video from traffic-light cameras or other recording sources
- The police report detailing how the car accident happened
- Photographs of the scene, though documenting the scene is not always possible
Attorneys know what evidence can help their clients’ cases. This evidence will help your lawyer prove who is most at fault for your accident.
Speaking with Witnesses and Experts
Eyewitnesses and experts often provide valuable insights into an accident, including who is at fault for a collision. Those who see the accident are generally unbiased and, therefore, reliable sources of information.
Your car accident attorney may hire one or more uniquely qualified experts to testify about who caused your accident.
Establishing the Share of Fault
With all evidence, witness insights, and other relevant information in hand, your car accident lawyer will determine who possesses what part of the blame for the collision.
Dealing with Insurance Companies on Your Behalf
Your legal team will handle all interactions with insurance companies, including:
- Reading policies
- Determining which insurers owe you compensation
- Speaking with and writing to insurers’ representatives
- Handling any necessary appeals
Even if you need to give a firsthand statement to insurance companies, your lawyer may arrange for you to write that statement. This is one of many ways to protect you from insurers’ bad-faith strategies.
Your Lawyer Will Calculate the Cost of Your Damages and Pursue a Fair Settlement
Once your attorney knows who shares what percentage of fault for the accident, they must determine how much compensation you deserve. Your attorney may make this determination by:
- Speaking with you about how physical pain, financial stress, emotional anguish, and other effects of the accident have impacted you
- Documenting your accident-related damages with medical bills, invoices related to the collision, expert testimony, and other proof of losses
- Calculating the exact cost of each damage, which will enable them to calculate the cost of your case
Your lawyer will then fight for the money you are entitled to. They will do everything possible to convince insurance companies to settle for a fair amount.
If there is a dispute about who is most at fault for the accident, the cost of your damages, or any other detail relevant to your settlement, your attorney may pursue legal action in civil court on your behalf.
Hire Your Car Accident Attorney as Soon as Possible
Accidents involving two or more at-fault parties often produce complicated claims and disputes over fault. Allow a car accident lawyer to protect your position and fight for the compensation you deserve.
Do not wait to find your lawyer, as waiting to hire one can have serious repercussions—and even lead to significant financial losses. Contact a qualified car accident lawyer today for a free consultation and start protecting your rights.