What if I Was Partially At Fault For an Accident?
Most people think that if they are partially at fault for a car accident, they aren’t able to pursue damages. This assumption isn’t always correct, and you should research to see what options you may have before signing anything from the insurance company. You may be surprised to learn that even if you were partially at fault, you may still be eligible to collect damages from the other parties involved.
If you don’t have experience working with car insurance companies, you may not realize that they are focused on the best interest of their clients and their company, not necessarily you. They will typically try to get you to settle for far less than you deserve so they can increase their profit, close the case, and move on to the next. Don’t get caught up in this scenario. Work with an experienced attorney to help you pursue the compensation you deserve.
How is Fault Determined Following an Accident?
Several factors work together to establish fault after a car accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault.
Eyewitness statements are important to determine how the accident occurred. If you are in an accident, it’s important to obtain contact information for those who may have witnessed the accident should you need to consult them later.
In some cases, experts can be consulted who can recreate the accident based on the evidence provided and help display how it would have occurred and how each party was involved in the accident.
What is Comparative Negligence and Why is it Important to Me?
Some states, like Indiana, follow the comparative negligence rule. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages. However, if it’s less than that, the percentage helps to determine what portion of the overall damages awarded you are eligible to receive.
For example, if you were found to be 20% at fault for the accident occurring and your total damages were $100,000, your portion would be decreased by 20%, equaling $80,000, rather than the full amount. If multiple parties are involved, their portions are also reduced by their percentage.
If you were partially at fault for speeding right before an accident occurred, for example, you may assume that since you weren’t following the law, you aren’t eligible to pursue damages. Consider that the other party may have been under the influence or distracted while driving and also speeding. These factors may make the other driver more at fault than you. Therefore, you can pursue a portion of the damages.
What Damages Can Be Pursued Following an Accident?
Tangible losses such as reimbursement for medical bills, the costs involved in repairing your vehicle, or other property damage can be proven through documents, such as medical bills and repair bills. Lost income is another tangible loss to consider. The amount of income you missed out on to tend to your injuries or will continue to miss out on in the future as you move forward with required therapy or other appointments can be calculated and presented for compensation.
The less tangible items you may also be able to pursue include multiple things. Some of the most common are pain and suffering, which can mean that your quality of life is now less following the accident, and therefore, you should be compensated for it. How does one calculate this loss? An experienced attorney can help you assign a dollar amount to the intangible loss so you can adequately pursue it in court.
Intangible Losses
Other examples that aren’t tangible losses are future medical care costs. If you will experience years of medical bills, there’s a way to estimate what this may cost you and pursue an amount that makes you financially whole.
Mental anguish or Post Traumatic Stress Disorder (PTSD) may also be issues to consider. Many people experience trauma for months, years, or lifelong following an accident. You shouldn’t have to suffer and miss out on life’s joys or peace of mind that you would otherwise have had if it weren’t for the accident.
What about diminished earning capacity? Suppose you were once able to perform at a certain level at work and, therefore, could obtain a higher salary than you could following the accident. The difference in these salaries could be an amount worth pursuing for total damages.
Your Tireless Ally When You Need it the Most
Don’t settle for less than you deserve just because you may have been partially responsible for the accident. As mentioned above, most insurance companies and other parties involved are going to have their best interest at heart rather than yours.
By working with an experienced attorney, you can ensure that you have a tireless ally who will advocate for your best interest rather than anyone else’s and help provide a favorable outcome that enables you to avoid financial distress.
Call our office today at (812) 247-8416 to get started. We provide a risk-free consultation to determine your options and assemble a strategy that will work for your case. Every case is different, and you shouldn’t assume that what may have worked for your relative or coworker will work for you. Let us find a customized plan for you and begin to pursue it until we get the desired result.
We look forward to your call.
