Not every accident is one hundred percent caused by one party. There are cases where people are involved in accidents where they have a partial fault. So, what exactly happens if you are partially at fault for your accident?
There are cases where people suffered severe injuries and did not know what to do because they were partly responsible for the accident.
Your liability for a car accident will be determined by the court and the insurance company. This will dictate your compensation.
Expect questions such as how fast were you driving or if you were ignoring the lights, whether you stopped at the stop sign, whether you talked on the phone, wore a seatbelt. The answer to questions like these will determine your fault.
If you have less than half of the responsibility, then the compensation you get from the other party or insurance company will be reduced by the percentage of your fault. If you have 20% of the fault, then your compensation will be reduced by twenty percent. For 40% percent of the fault, your compensation will drop by forty percent.
If your responsibility is larger than half, you will not get compensation from the insurance company of the other party.
How Is Fault Percentage Determined?
The simplest way to answer this question is to look at the accident. All information is useful: what led to the accident? Did the driver respect the lights and traffic signs? Was the driver distracted by something (phone)? Was there another driver who crushed you from the rear, which led towards you hitting another vehicle (if this is the case, the other driver bears the biggest percent of the responsibility).
After the accident, insurance companies and lawyers will discuss every factor that led to the collision. People involved in the accident can call witnesses. In such cases, it is smart to have an automobile accident attorney in Boston; they will help you with expert witnesses. These people will help in determining the liability and how much of the accident is your fault.
- Expert witnesses can help with things such as:
- The police report from the accident
- Video from the accident (surveillance cameras, traffic cameras)
- Photos from the scene (of you, your car, other people and vehicles involved in the accident)
- Photos of the scene (taken after the accident)
If you believe that the determination of liability is not correct, you can ask for an attorney’s help so they can establish who precisely has the fault for your accident.
Insurance adjusters will then look for factors that will decide how much fault every party has. The police report will seal the deal; the statement of the victims will be considered with footage, photos, and admissions of fault from the accident scene.
I Am Partially at Fault, What Do I Say?
Even if you have a partial fault or believe you somehow contributed to the accident, the least smart thing to do is admit the fault. It does not matter what you think about the case, don’t say to the passengers or the other driver that the accident is your fault. Perhaps your first instinct will be to apologize to the people involved in the accident. Remember, everything you say may and will be used against you; witnesses and people involved in the accident will remember what you have said.
Once the police arrive on the scene, talk to the officer in private. Tell them what exactly happened, but do not state that it was your fault. Just tell the facts. The same goes for insurers; don’t make a mistake by admitting fault, as they are already calculating their ways to underpay your compensation.
This does not mean that you are lying; don’t assume that if you actually were anyhow responsible for it that the other party did not have partial responsibility. Forget about admitting your fault and prevent yourself from getting into a more complicated situation.
Even if you believe that you were partially at fault for the accident, this should not be said to anyone but your attorney.
This is why the smartest thing you can do is contact an experienced and skilled accident injury lawyer in Boston. Once you get medical help, the next thing you should do is get your attorney. If you were involved in a car accident, and you are not sure how things will go when it comes to fault liability, allow our team of car accident attorneys to help you and represent your case.
Call us and schedule your first free consultation.