How Comparative Negligence Impacts Your Car Accident Claim
You did everything right that day. You followed the rules, stayed within the speed limit, and paid attention to the road. Yet, in an instant, everything changed. Now, as you deal with the aftermath of a car accident, someone’s saying you share the blame. Maybe it’s the insurance company claiming you were “partially at fault” or the other driver spinning their story. Either way, you’re left wondering—how is this going to impact your claim, and what does it mean for the compensation you desperately need to move forward?
Comparative Negligence in a Car Accident
In car accident cases, comparative negligence means that both the driver who caused the accident and the injured party (or parties) can share responsibility for the crash. Your claim’s outcome may depend on how much fault you are found to have in the incident.
In simple terms, comparative negligence allows a victim to recover compensation even if they are partially at fault for the accident. However, your compensation will be reduced based on your percentage of fault. The more fault you are determined to have, the less compensation you may receive.
For example:
If you were in a car accident and found to be 20% at fault, you could still receive 80% of the compensation you would have gotten if you had no fault.
If you’re 50% at fault, you may only recover half of the compensation.
Different states use different versions of comparative negligence laws. Some states follow a pure comparative negligence rule, meaning you can recover compensation no matter how much fault you share in the accident. Other states use a modified comparative negligence rule, where if you are found to be more than a certain percentage at fault (usually 50% or 51%), you cannot recover any compensation.
How Comparative Negligence Affects Your Car Accident Claim
The biggest way comparative negligence impacts your claim is through the reduction of damages. If the court or insurance adjuster finds you to be partially at fault, they will reduce your compensation accordingly.
It’s also important to understand that insurance companies use comparative negligence to their advantage. Insurance adjusters will look for any opportunity to reduce the amount of money they need to pay out. They may argue that you were partially responsible for the accident, even if you weren’t, in an attempt to reduce their payout.
Factors Considered in Comparative Negligence Cases
When determining how fault is distributed in a car accident, several factors are taken into account. Courts, insurance companies, and attorneys will examine the following:
Traffic Violations: Did either driver violate traffic laws, such as running a red light or failing to stop at a stop sign?
Driver Behavior: Were either drivers distracted (on a phone, eating, etc.) or speeding at the time of the accident?
Weather Conditions: Were weather conditions (rain, snow, fog) a factor in the accident?
Road Conditions: Were there hazards like potholes, debris, or a lack of proper signage that contributed to the accident?
Witness Testimony and Evidence: Testimony from witnesses or surveillance video can help prove who was at fault.
Expert Testimony: In some cases, accident reconstruction specialists may be used to determine how the accident occurred and who was at fault.
Strategies for Mitigating the Impact of Comparative Negligence
While comparative negligence can significantly affect your claim, there are steps you can take to mitigate its impact and protect your rights:
Gather Evidence: The more evidence you can gather, the stronger your case will be. This includes:
Police reports
Photos of the accident scene
Video footage (from nearby cameras or dashcams)
Witness statements
Medical records
Avoid Admitting Fault: After an accident, avoid making statements that could be interpreted as an admission of fault. Even a harmless conversational apology can suggest you were partially at fault-because why else would you apologize?
Consult an Attorney: One of the most important strategies you can use is to speak with a local car accident attorney before making any statements to your insurance company or the other driver’s insurer. An experienced lawyer can help you navigate the complexities of comparative negligence and protect your rights.
Don’t Speak to Insurance Adjusters Alone: Insurance companies will often attempt to minimize their payouts. If you provide a recorded statement to the insurance company before speaking with an attorney, they can use anything you say to reduce your compensation, especially in cases involving comparative negligence. For example, if you tell the insurance company that you “might have been speeding” or “weren’t paying full attention,” that could be used to argue that you were partially responsible, reducing the compensation you could receive.
Consider a Settlement Carefully: If you’re offered a settlement, discuss it with your attorney before accepting. Often, insurance companies will offer a settlement quickly, hoping that you’ll accept a low amount. Your attorney can advise you whether the offer is fair, considering your level of fault and the full extent of your damages.
Protecting Your Rights After a Car Accident
Even when comparative negligence is in play, you have the right to seek fair compensation for your injuries and losses. By working with an experienced car accident attorney, you can ensure that you’re not unfairly held responsible for an accident and that your case is handled properly.
It’s also important to remember that the law entitles you to be compensated for both economic and non-economic damages like medical expenses, lost wages, and emotional hardships. An attorney can help you receive the compensation you deserve, even if you share some fault in the accident.
What to Do After a Car Accident
Here are some important steps to take after a car accident:
Call 911: It’s extremely important to call the police to report the accident and seek medical attention for any injuries-even if they seem minor.
Document Everything: Take photos of the accident scene, vehicle damage, and your injuries.
Gather Witness Information: If possible, get contact information from any witnesses.
Contact Your Attorney: Before you speak with any insurance companies, make sure you have a car accident attorney on your side.
Avoid Discussing the Accident: Don’t make any statements to insurance adjusters or the other driver’s attorney until you’ve consulted your lawyer.
Get the Legal Help You Need
An experienced local attorney can help you navigate the complexities of comparative negligence so your case is treated fairly. Don’t make the mistake of speaking to an insurance company without first consulting an attorney—doing so can seriously harm your case.
If you’ve been seriously injured in a car accident and you believe you may have been partially at fault, call us right away at (419) 782-9881 for a free consultation so we can help you recover the compensation you deserve.