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Shared Fault In Car Accidents: What You Need To Know

Posted by Bautista Leroy | Apr 02, 2024 | 0 Comments

shared fault in car accidents

Bautista LeRoy Law Firm can assist with providing information related to shared fault in car accidents. Our attorneys have provided residents of Southern Illinois and St Louis surrounding areas with exceptional legal services in injury law cases such as vehicle accidents or nursing home neglect/abuse. With our focus on these fields and specialized knowledge, it allows us to deliver great results consistently for clients.

This article explains the legal complications of shared liability in car accidents and how this impacts on compensation claims.

 

Can Both Parties Be Liable In A Car Accident?

Both drivers may share liability in a car accident. For example, your overspeeding could have while the other driver failed to yield when necessary. These actions contributed significantly up to an accident. 

Legally speaking, comparative negligence refers to this concept and people must remember that being liability doesn't automatically make you fully responsible. Some states allow victims who were partly at-fault for accidents to seek compensation. It all depends on your local jurisdiction. Understanding the local laws where your accident took place is important for filing an effective claim.

 

What Happens If You Are Partially At Fault For The Car Accident?

No matter the circumstances surrounding an accident, even if at fault partially, compensation depends on state laws.

Comparative Negligence: Under this law, parties who were partially at fault can still seek compensation. Compensation will reflect each party's share of responsibility in an accident.

Contributory Negligence: Some states implement strict laws which preclude compensation even in instances of 1% fault. Fortunately, this is less common.

 

How Can Fault In A Car Accident Be Determined?

Finding out who was at fault in car accidents is critical if multiple parties are involvef, with fault usually being determined this way:

  • Police Report
  • Eyewitness Testimony
  • Traffic Laws
  • Evidence from the Accident Scene
  • Insurance Company Investigation
  • Legal Representatives Investigation

 

Why Hiring A Personal Injury Attorney Is Beneficial?

Car accidents often involve shared liability, making determining who was at fault even more challenging. Hiring a personal injury attorney could assist with reaching positive results. Here's why:

  • Expertise in the Law
  • Maximized Compensation
  • Handling Evidence and Legal Proceedings
  • Protection from Insurance Tactics

 

When Is It The Right Time To Hire An Attorney?

After a car accident, consult a personal injury attorney immediately. Legal assistance could prove helpful when there is confusion as to who was at fault or insurer companies are delaying your claim.

Your attorney will immediately begin collecting evidence, interviewing witnesses and consulting expert witnesses to build your case. In some states, statute of limitations regulations exist; once that time limit has expired it could prove difficult to file suit. Consulting an attorney early will help ensure any documents can be filed on time.

 

What Are The Criteria To Find An Effective Attorney?

  • Experience: Hire a personal injury attorney with extensive expertise in handling car accident and shared liability cases.
  • Reputation: Reliable attorneys should have an impressive record, positive client testimonials and successful cases.
  • Communication: Your attorney should keep you updated with the progress of your case and address any of your potential concerns.

 

Why Choose Bautista LeRoy LLC?

Bautista-LeRoy's legal team understands all of the challenges surrounding car accident claims with shared fault. We give each client personalized care  - this ensures their case will get our full consideration and focus.

No matter the degree of your negligence, our team can assist in navigating the legal system to achieve an ideal resolution to your circumstances. At our firm, we always keep our clients abreast of their legal rights and ensure they remain informed.

 

Suggested Action Steps

  • Gather as much relevant documents as you can - for instance medical records, police reports and witness information.
  • Consult with a personal injury attorney when filing a claim even if you are partially at-fault.
  • Before accepting any offer from an insurance provider, consult your attorney first.
  • Keep calm as being partially at-fault doesn't negate your rights to compensation. An attorney can protect your rights.

Understanding shared fault can be challenging, but with adequate information you can navigate its complexities. Remember that seeking legal advice after being injured in an accident will ensure a fair compensation payment. Contact us today at 833-381-6589 or send us an email on our Contact Page. Serving the surrounding areas of St. Louis, Benton County, Southern Illinois as well as Kansas City, MO and KS.

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