Should I Get A Lawyer For A Car Accident That Was Partly My Fault?

A vehicle collision is terrifying. You may be anxious, unclear on what to do next, and in severe pain. It can even be more stressful if you think you were partially responsible or if someone else implies you played a role in the incident.

However, it’s crucial to understand your legal rights and options after a crash. Under California law, regardless of the extent of your fault, you may be able to file a claim for compensation from the other parties involved.

According to data from the National Highway Traffic Safety Administration (NHTSA), a significant majority, around 94% of car accidents in the United States are considered to be caused by some form of driver error, which often translates to a partial fault in accident scenarios; meaning a large portion of accidents involve shared responsibility between drivers involved.

If you contributed to a traffic accident, consulting with a personal injury lawyer who handles car accidents can help you understand your rights and options. An attorney can review the facts of your case, explain how comparative fault may affect your claim, and guide you through the legal process.

The Impact Of A Lawyer If You Were Partly At Fault For A Car Accident

Consider hiring an accident lawyer if you sustained injuries in a crash, even if you think you bear some responsibility for a car accident. If you’re in a state that follows comparative negligence rules, you may be able to file a personal injury claim for your medical bills, income loss, and pain and suffering. It’s worth noting that your contribution to the accident will affect the amount you may be able to pursue. However, seeking compensation for your claim is something that experienced lawyers can help with.

Issues often arise during the process, including low settlement offers and disputes over liability. A skilled car accident attorney can help address these types of challenges, using solid evidence to represent your interests and working to determine the appropriate assignment of liability.

Even if there is a disagreement about who is partially at fault, taking a proactive approach can help you present your case clearly and support your claim for compensation.

How Comparative Negligence Affects Your Claim

After an accident, the question of who is at fault can be very complex. This is where comparative negligence comes into play, a legal principle that recognizes that fault is rarely a black-and-white issue. By recognizing that multiple parties may have contributed to the incident, comparative negligence assigns a certain percentage of responsibility to each party involved to account for the fact that accidents often have a range of causes and consequences.

The type of applicable comparative negligence will depend on the accident’s specifics and the jurisdiction’s laws. California follows a pure comparative negligence system that allows a plaintiff to seek damages even if they are partially at fault, with compensation reduced by their percentage of fault.

Accident lawyers can help accurately assess the degree of fault, gather evidence, and present your case in a way that reflects the true impact of the accident.

Here’s an example:

A driver exceeding the speed limit by 20 miles per hour collides with you while you are making a left-hand turn at a blinking yellow light. In this scenario, liability may be shared. The other party could be found primarily at fault in this speeding-related accident. However, the authorities may deem you partially responsible if you were expected to yield to oncoming traffic.

A partial fault can significantly impact the outcome of an accident claim. Generally speaking, your fault proportion will lower the damages you can pursue in a personal injury case.

Under California laws, your compensation drops by thirty percent if you are thirty percent at fault for an accident, and your losses total $10,000. In this case, your potential compensation would be reduced to $7,000, or seventy percent, from the other motorist or their insurance company.

As another example, assuming your claim is valued at $200,000:

• If you are found to be 20 percent at fault, you may still be able to pursue $160,000.
• If you are found to be 40 percent at fault, you may still be able to seek $120,000 of the potential compensation.
• If you are found to be 60 percent at fault, you may still be able to pursue $80,000.

Disclaimer: The examples provided are for informational purposes only and are intended to illustrate how California’s comparative fault laws may affect compensation in accident claims. Actual outcomes will depend on the specific facts and circumstances of each case. This information does not constitute legal advice. For advice regarding your individual situation, please consult a qualified attorney.

How Can Car Accident Lawyers Help

Your attorney can help you with the technicalities of your car accident claim. Identifying the common causes of car accidents and the methods insurance companies employ to establish fault is crucial. Understanding what it means to be partially at fault and how this can impact your accident claim is equally important.

In addition to shedding light on the intricate comparative negligence rules, an experienced personal injury lawyer can negotiate a settlement on your behalf. They can also offer helpful guidance and assistance throughout the process. An experienced California car accident lawyer, particularly if you share some responsibility, can help you understand your legal choices and preserve your rights.

Additionally, your auto accident attorney can help you with the following aspects of your claim:

Tackling Insurance Regulations

Dealing with insurance regulations can be challenging, particularly when you hold some responsibility for the accident. Knowledgeable car accident attorneys understand the intricate nature of California’s insurance laws. They can skillfully negotiate with insurance adjusters to represent your interests and help you make informed decisions about your case.

Assessing The Full Extent Of Your Damages

Following an accident, it’s crucial to establish the correct value for your claims when pursuing a settlement. A lawyer handling car accident cases can evaluate your damages, such as lost wages, medical bills, and pain and suffering, and strive to pursue adequate compensation for your losses.

Filing Within The Statute Of Limitations

The statute of limitations is the deadline by which you must file a lawsuit for financial compensation for the injuries you suffered in an accident due to someone else’s negligence. In California, you usually have two years from the date of the accident to file a personal injury lawsuit. In some cases, this period may be extended to the date you discovered your injury or should have discovered your injury to file a claim.

You are generally only allowed to file the claim again in the future if you bring it within this time frame. An attorney who handles car accident claims will assist you in completing all required documentation and legal processes within the designated window.

Representing You In Court

If discussions with insurance providers do not yield a favorable outcome, your case may proceed to trial. Usually, this is where the technical specifics can be too overwhelming to absorb, and you need to have someone who speaks and understands the legal discourse thoroughly. It is essential to have an experienced car accident attorney with a strong background in litigation.

They have the experience to construct a comprehensive case, showcase well-documented evidence, and advocate for your rights in front of a jury to pursue a favorable outcome.

How To Determine Fault In An Accident

Several criteria are considered when assessing who is responsible for a car accident. Among these are:

1. Police Report — Usually, the responding police officer would write a report outlining their observations and conclusions from the accident scene. This report can be invaluable in determining liability because it contains information that can be used as evidence in personal injury cases.
2. Eyewitness Statements — Statements and testimonies from people at the accident can offer important information about what transpired. Eyewitnesses may describe the activities of each party involved in detail, assisting in determining fault.
3. Expert Testimony — In specific circumstances, accident reconstructionists could be called upon to reconstruct the accident site. These professionals can give a complete account of what happened by looking at physical evidence like skid marks or damage to the car. This information can help determine who is responsible. Furthermore, a medical professional can testify on the extent of injuries, and an engineer might explain how a mechanical malfunction led to the incident.
4. Traffic Laws — If one person breaks a traffic regulation, such as failing to yield or running a red light, it can serve as proof of carelessness and fault. Running red lights is a common cause of injury-causing and fatal car accidents. According to the Insurance Institute for Highway Safety (IIHS), 1,149 people lost their lives in collisions involving red-light running in 2022.
5. Independent Legal Investigation — Following an accident, your lawyer will investigate the car accident independently. They will evaluate the damages, analyze the facts, and speak with witnesses.

The Role Of Insurance Companies And Attorneys In Determining Fault

Insurance companies determine liability through investigations. The process starts after the victim files a claim with the insurance company. Next, the claimant provides necessary information about the accident or incident, including the date, time, location, and involved parties. The insurance company then investigates to gather additional evidence and evaluate the situation.

Your personal injury lawyer will conduct a thorough investigation to advocate for your rights, independently assessing the accident site, speaking with witnesses, and examining all available evidence. By not solely relying on the insurance company’s findings, they work toward a fair evaluation and help you seek compensation that reflects your losses and damages.

How Insurance Companies And Lawyers Approach Accident Claims

When conducting their investigations, insurance firms consider several facts to determine who caused the motor vehicle accident. These include the police report, witness and driver statements, physical evidence from the accident scene (e.g., skid marks, car damage), and any infractions of traffic laws. The time of day and weather during the accident can all be considered evidence.

Unfortunately, car accident victims often find themselves facing an uphill battle when seeking compensation from the responsible party. Insurance companies have a team of lawyers dedicated to defending the company in accident claims. These lawyers have a deep understanding of the legal system. They are also skilled in analyzing insurance policies to determine any loopholes or exclusions that can be used in evaluating a claim.

Seeking legal representation from an attorney experienced in handling car accident claims can help you understand your legal rights, conduct a thorough investigation, and consult with accident reconstructionists, medical professionals, and other investigators to help support your claim.

Car accident lawyers can also help assess the extent of the losses and injuries, considering medical expenses, lost productivity at work, and all the long- and short-term consequences of the collision. They will then calculate a fair amount for your losses and address potential undervaluation of your claim. Car accident attorneys are ready to represent you and advocate for your rights, whether or not the case goes to trial.

Establishing Negligence In A Car Accident Claim

Although establishing negligence in a car accident lawsuit in California is challenging, accountability may be pursued with the help of substantial evidence and experienced legal representation. Integral evidence, such as medical records, eyewitness accounts, accident reports, images, professional viewpoints, and surveillance footage, is essential in demonstrating negligence. A skilled car accident lawyer can gather relevant data, look into the facts, and build a case to present evidence to support your position regarding fault.

Four elements establish the viability of a comparative negligence claim. Your car accident lawyer can help you demonstrate the following:

• Duty of Care — To pursue damages, it’s crucial to show that the other party owes you a duty of care. When drivers get behind the wheel, they automatically owe others the duty to exercise caution on the road to protect their lives and property.
• Breach of Duty — Personal injury law is based on the notion that an individual violated their duty of care, harming another individual. That implies that to establish a case, it’s essential to demonstrate a failure to uphold that obligation. For instance, the other driver was preoccupied with their phone and wasn’t paying attention to the road.
• Causation — It must be demonstrated that a breach of duty caused the accident. For example, because the driver was checking their phone, they caused a distracted driving accident.
• Damages — You may not be able to pursue compensation if you did not suffer any damages. However, those losses must also directly connect to the incident at hand. If your spinal cord injury or brain injury was not caused by the accident, you may not be able to seek accountability for the resulting damage.

Available Compensation In A Car Accident Claim

Even if you are partially at fault in an accident, you can still pursue compensation for your medical bills, depending on the specifics of your case. Qualified car accident lawyers will work to help you pursue compensation based on your injuries and losses.

These and other important factors can influence the potential outcome of a personal injury claim:

• Current medical expenses and projected costs for future care.
• Travel fees for doctor visits and surgery consultations.
• Lost earnings and benefits at work while you are recovering.
• The physical pain and emotional distress that you’re facing.
• Loss of enjoyment of life.
• Loss of consortium (the loss of companionship and intimacy with a spouse).
• Costs associated with property damage and car repairs in automobile accident cases.

Wrongful death is a separate type of claim, but it is likewise handled by personal injury lawyers. Families grieving the loss of a loved one due to an accident may have the option to pursue a wrongful death claim, subject to eligibility and depending on the specifics of the case. Wrongful death damages can cover funeral and burial expenses, the income or support the decedent would have provided if they had lived, and the intangible losses from losing a loved one.

What To Do After A Car Accident

Taking specific steps can help protect your safety and preserve your rights. Here’s what you can do after a car accident:

1. Remain Calm and Stay at the Scene — Try to stay calm so you can think straight despite the situation. If you or anyone else is injured, call 911. Remain at the scene and wait for the medical and police responders to arrive.
2. Gather Information — Try to get as many details as you can. Take photographs of the accident scene from various angles. Include close-up shots of any visible injuries, vehicle damage, and environmental factors that may have contributed to the accident. If there are any witnesses, get their contact information.
3. Do Not Admit Fault — When talking to the police or the other parties, stick only to the facts of what happened. Never admit fault or say “sorry.”
4. Seek Medical Treatment — Even if you feel okay, you should always get medical attention after an accident. Your injuries might be more serious than they seem. For example, some traumatic brain injuries and back injuries don’t show immediate symptoms, but they can get worse over time.
5. Contact Your Insurer — Inform the insurance company about the accident. Avoid engaging in a debate regarding fault. Admitting responsibility or acknowledging guilt for the collision can affect the determination of fault, which can influence the evaluation and the outcome of your claim.
6. Speak with an Attorney — Consider consulting with a qualified car accident lawyer, regardless of who was at fault. A lawyer with experience in vehicle accident cases can assist in identifying and establishing the negligence of the responsible parties.

After a car accident, recovering physically, financially, and legally can feel overwhelming. A personal injury law firm can provide guidance at each stage, from documenting injuries to handling settlement discussions. This support allows you to focus on healing while your attorney handles the legal aspects of your case.

Frequently Asked Questions

What Happens When You Are Partly At Fault?

Aside from the effects of comparative negligence previously discussed, where the victim’s compensation is reduced by the degree of their fault, partial fault can also affect other matters. For example, your vehicle insurance rates may increase if you had some partial responsibility in a traffic accident, but not definitely, and not as much as if you were entirely at fault. Increased deductibles, restrictions on your coverage, or denial of coverage are all possible outcomes.

The Adjuster Wants A Recorded Statement. What Should I Do?

It’s common for insurance adjusters to request a recorded statement after an accident. However, you are not required to provide a statement to the other driver’s insurance company. You can graciously turn down any opportunity to register the statement with the other driver’s insurance provider.

The adjuster should only communicate with your dedicated car accident lawyer. On your behalf, they could submit a written statement outlining the accident’s details.

Who Should I Hire For My Car Accident Injury?

After an accident, you might be wondering, “Do I need a personal injury lawyer for my case?” Hiring an auto accident attorney near you can be beneficial for several reasons. They can represent your interests and advocate for your rights before the at-fault party, their insurers, and, if needed, the jury. An attorney experienced in car accident cases can help you navigate the legal process efficiently and pursue compensation in accordance with California law.

Look for an attorney who offers free initial consultations and is available to answer your questions or address any concerns you may have. Communication is key. Choosing an attorney who is responsive and attentive to your needs can help you stay informed about the development of your case throughout the legal process.

What Are My Legal Options If I’m Partly At Fault For The Wreck?

While you may think you were primarily responsible for the crash, there may be other factors at play that a knowledgeable car accident lawyer can identify. By thoroughly investigating the incident, your lawyer can gather evidence and determine the extent of each party’s liability. They can then determine a settlement that takes into account each party’s percentage of responsibility.

Should I Settle If I Am Partially Responsible For An Accident?

Settlements can be finalized relatively quickly, allowing you to resolve the matter and move on with your life. This can be particularly beneficial for victims who require immediate medical attention or financial support. Going to court can be time-consuming and expensive, but in some cases, a trial may result in a different compensation outcome.

After any accident, consider contacting an injury law firm to discuss your legal options. A lawyer focusing on car accident claims can provide clear guidance in case of shared liability, helping you understand how this may affect your claim and what steps you can take to help protect your interests. Since each case is different, your lawyer will be the one to guide you during the settlement process. They can evaluate your case, assess the extent of your liability, and advise you on your possible next steps.

If I Was Partially At Fault For An Accident, Should I Admit It?

No. Admitting fault can be used as a legal conclusion. It is common for what you say to be used in evaluating your claim and determining your responsibility, even if you think you are simply being honest.

It’s essential to recognize that a defense attorney’s primary role is to present arguments that may challenge the prosecution’s case. There is a possibility that statements you make after an accident can be interpreted in different ways, potentially suggesting more responsibility than you intend.

If you have questions or concerns about discussing fault, consider consulting with a personal injury attorney about your case. Be truthful with your attorney. A lawyer for car accidents can advise you on how to accurately present the facts of your case and help you understand how your statements might be viewed during the claims process.

If I Am Partially At Fault, Can I File A Personal Injury Lawsuit?

If you share some blame for an accident, you may still be able to pursue a personal injury claim. There are a few situations in which it could be wise to file a lawsuit:

• A settlement can’t be reached during negotiations.
• You’re unable to agree with the other party and their insurance provider.
• The time for filing a claim is drawing near.

Even though most disputes end in settlement before trial, going to court to determine fault percentages might be necessary. Based on the facts of your case, your lawyer who handles car accidents will advise you on whether filing a lawsuit is the appropriate course of action.

Can An Undocumented Person Make A Car Accident Claim?

In California, a person’s immigration status or citizenship does not affect their right to file a personal injury claim. All individuals, regardless of their immigration status, have the right to seek legal remedies when they are injured due to someone else’s actions or negligence. Undocumented immigrants have the right to file personal injury claims and seek compensation for their losses, depending on the circumstances of their case.

Do You Need Representation From An Experienced Car Accident Attorney?

You should not bear the physical, emotional, and financial burdens of a car accident alone, especially if you were not entirely at fault. If you or someone you care about was injured in a car accident, consider consulting with our lawyers handling car accidents to understand your rights and legal options. We will evaluate your case, analyze the important factors that may affect any personal injury compensation, and help you make informed decisions. Additionally, our lawyers can assist you if gathering further information or evidence becomes challenging.

As a California-based personal injury law firm, we are dedicated to advocating for the rights of victims and representing them in legal proceedings. We have represented clients in a wide range of personal injury cases and are committed to helping more. We also operate on a contingency fee basis, so you don’t have to pay attorney’s fees up front. Our fees are a percentage of your settlement or award. If we don’t win, you don’t owe us for our legal services. Please note that case-related costs may still apply regardless of the outcome.

Our lawyers also handle other types of traffic collisions, like pedestrian accidents, truck accidents, motorcycle accidents, bicycle accidents, and rideshare accidents. We also work on personal injury cases involving workers’ compensation, product liability, dog bites, and more. Our legal team will work to help you pursue compensation for your injuries and losses.

To schedule a free initial consultation with one of our personal injury attorneys, please call (888) 488-1391 or fill out our “Do I Have A Case?” form.