With some accidents, there is no getting around the fact that both parties are partially at fault for the crash. However, you might feel like you only played a minor role in the accident and that you deserve some compensation for your injuries. Rather than the fault of the crash being considered 50/50, which means that you would not receive any compensation for your injuries, you will instead want to work closely with a personal injury lawyer.
Comparative Negligence Laws
States that have comparative negligence laws will take into consideration that both parties might be at fault for the accident. For example, if you are speeding and another driver runs a red light, you both may be responsible for damages. However, in many states, you are not allowed to seek compensation for damages if you are considered more than 50% at fault. In a minority of states, you are not allowed to sue someone for the damages you have suffered. Therefore, you'll want to prove that you weren't at fault.
After the Accident
You will immediately want to exchange contact information with witnesses after the accident. You will also want to take photographs of the scene of the accident. If you are physically not able to perform these tasks, ask someone else to do them for you. Photographs are important because they can be used as evidence in your case. The other party will try to prove that you were at fault so that they can win the case, so make sure you get clear photos of the entire accident.
If either you or the other party receives a traffic ticket, this can affect whether you will be held responsible for the accident. Therefore, you will want to fight your traffic ticket and have it dismissed before you pursue legal action. You might want to also dispute facts reported by the police department so that they will investigate them again.
The Insurance Carrier's Claims
If the insurance carrier insists that you are responsible for the accident, tell them that you disagree. Make sure to write a letter that clearly states this and keep a copy of it. Make sure to include in the letter the claim that you are disputing, why you are disputing it and the evidence that proves that you are not actually at fault for the accident.
It's essential to seek help from an experienced auto accident attorney because they can help you build your case. Learn more by calling one today.