When someone is injured in an accident, the individual responsible for the injuries is also responsible for compensating the injured person. What if fault is difficult to determine or if you are both partially at fault? Can you still receive compensation? The following are some things you may want to learn more about.
How Two Parties Can Be at Fault
You may be wondering how two parties could be at fault for the same accident, but it’s not a rare occurrence. Take a car accident, for example. Perhaps a driver ran a stop sign and T-boned you. The other driver would seem like the obvious at-fault party. If it is discovered that you were putting on makeup while driving and failed to see the other driver approaching, you could be given part of the blame. You might bear 15% of the responsibility, which means the other driver would hold 85%.
How Much Compensation You Could Seek
If you are 15% at fault, the other party’s insurance company would only be responsible for compensating you the amount determined minus 15%. If you hold more than half of the responsibility, you are unfortunately unable to seek compensation from the other party’s insurance company.
Factors That Determine Fault
After an accident occurs and the insurance company is made aware of it, an insurance adjuster will be sent to check out the details. He or she will basically investigate the accident to determine who is at fault. You, your attorney and a representative from the insurance company may sit down to discuss who was at fault so you can come to a common agreement. If the injury was the result of a car accident or other similar incident, the responding police officer may make the fault determination, which can be contested if you feel it is incorrect. Some factors that may come into play include:
- Traffic cameras or surveillance videos that caught the accident.
- Statements made by witnesses.
- Photos that you or someone else took after the accident.
- Photos that you took at the scene.
Receiving Legal Assistance
Any time you are working your way through a legal situation, it can benefit you to get in touch with a lawyer. In the case of personal injury, a lawyer can help you find the evidence required to prove you weren’t at fault. He or she can then walk you through the process of filing a lawsuit against the responsible party, even if you are still partially at fault.
