Car accidents can be jarring experiences, even when the damage is relatively minor. Along with the physical and emotional stress of an accident, dealing with the legal aftermath can be confusing.
For those who haven’t experienced this process before, it can be difficult to figure out who was responsible for causing the accident. And what do you do if you were fully or partially at fault for a car accident?
How Is Fault Determined in a Car Accident?
Fault is determined through a combination of evidence, witness statements and sometimes expert testimony. You shouldn’t
admit fault immediately after an accident, because there may be other factors that contributed to the crash that you don’t know yet. The specifics of how fault is divided depend on the complexity of the accident.
For example, in a simple rear-end collision, the driver who rear-ends another vehicle is typically considered at fault. However, there are exceptions. If the driver of the vehicle that was rear-ended suddenly stopped without reason or was driving erratically, they could also be found partially at fault. In a more complex situation involving multiple vehicles, such as a pile-up, it can be much harder to
determine fault.
What Does Partial Fault Mean for Car Accidents?
"Partial fault" in a car accident refers to situations where more than one party is responsible for the incident, though the blame is divided. For example, imagine two drivers approach an intersection. One driver runs a red light while the other is speeding through a yellow light. The driver running the red light is primarily at fault, but the speeding driver also contributed to the accident, making them partially at fault.
Partial Fault Laws Vary by State
Partial fault laws can vary from state to state. Some states follow a comparative fault rule, where fault is divided between the parties based on their actions. For example, Arizona follows a modified comparative fault system. If you're partially at fault for a car accident in Arizona, the amount of damages you can recover will be reduced by your percentage of fault. But, if you caused the accident intentionally or recklessly, you can't use this rule to reduce your liability.
Other states may follow a contributory negligence rule, where if you are found partially at fault, you might not be able to recover any damages. In cases where fault is disputed or shared,
insurance won’t pay for the full damages unless the fault is clearly assigned. This means that if you are partially at fault, your insurance company may not cover all of your medical bills or vehicle repairs, leaving you responsible for a portion of the costs.
You Can Still Seek Compensation When Partially at Fault in a Car Accident
If you were determined to be partially at fault for a car accident, don’t think you have to handle the legal process alone. Contact Sargon Law today for a free consultation with one of our knowledgeable
car accident attorneys. We will review your case thoroughly to determine the best course of action to pursue the compensation you deserve.
