It might be unclear to decide who is at fault in a car accident, and many times, people end up blaming themselves for an accident that might not actually be their fault. If you have been involved in a car accident, but there is uncertainty regarding who is at fault, it will be better to seek legal counsel from an experienced law firm or attorney.
Getting a second opinion from an attorney or a law firm is a good idea because attorneys are experienced than you in cases like this, meaning they will help navigate through all legal processes to determine who is at-fault for an accident or not.
However, chances are you might not be able to claim compensation for your injuries if the accident was entirely your fault. Still, there are certain situations where you might make an exception. Can you get compensation if the accident was your fault? Continue reading this review, and you will find out all you should know.
Can You Get Compensation If The Accident Was Your Fault
If the cause of an accident results from the negligence of two or more people, then the fault will be equally shared among all the persons responsible for the accident. Sharing fault equally is termed contributory negligence. Since you are in a spot where other people are at fault for the same accident, you might have a shot at claiming compensation for your injuries and damages.
In cases like this, a certain amount of money will be deducted from the compensation you have been awarded in total. Determining this depends on how much you contributed to the accident. In simpler terms, if you were in an accident where two drivers share fifty percent blame each for an accident, fifty percent will get deducted from your final settlement.
This might be a driver not paying full attention at work or on the road, and accidents like this can also affect road users like pedestrians and cyclists. However, if you were the passenger and your driver is responsible for the car accident, you can go ahead and file a compensation claim. The driver of a vehicle is responsible for his passenger’s safety. If they cause an accident where you get injured, but no other vehicle was involved, you are open to filing for compensation. However, the same still applies in a work environment, and not just for car accidents.
So many people think their employer shouldn’t be responsible for their injuries since the injury was self-inflicted. This isn’t entirely true, and people have this idea in their heads because their employers tell them. It doesn’t matter if the injury you suffered at work was your fault; you can still cover the injury under the worker’s compensation scheme. If the injury resulted from your negligence or it was just a mere accident, there are certain aspects the worker’s compensation will look into before reaching a final verdict. These aspects are more like questions, and they are;
- If you violated a statute or law
- If you were aware of a safety rule but still violated it
- If you were under the influence of a drug or alcohol
You can receive adequate compensation for your injuries if the answers to these questions are NO. On the other hand, if the answers to these questions are yes, you should consider seeking advice from an attorney. You can still get compensation for your injury as long as you didn’t violate any laws or statutes.
In some car accident cases, you might not have your seat belt on and get injured. You can still get compensated for your injuries if the doctor confirms that you would have still sustained the injury despite having your seat belt on. There are vague rules like ‘don’t do anything dangerous, or ‘don’t get hurt in some workplaces.
If you sustain an injury in a workplace with vague safety rules or where rules are not enforced, you can also claim compensation for your injuries. You can still receive compensation if you tested positive for drug use, but the drug test was carried out after they rushed you to the emergency room.
It will be best to contact an attorney for legal advice no matter what situation you find yourself in. Only a knowledgeable attorney will be able to inform you if you can claim compensation for any injury you have sustained, whether in a car accident or your place of work.
Car accidents happen for several reasons, and their levels of severity vary too. Whatever the event might be, there is a possibility you might receive compensation for your injuries. It doesn’t really matter if you are at fault or not; you are likely to receive compensation for injuries you have sustained in a car accident that was your fault.
You might have injured a cyclist on the road or got involved in an accident with no other car. This doesn’t mean you shouldn’t receive support for the injuries you have suffered. If your case doesn’t go to court, a personal injury lawyer can help handle affairs with your insurance company.
This tells you the importance of having legal counsel by your side in cases like this because only someone who knows and understands the law will know what will apply that will be beneficial for you. If you are at fault, a personal injury lawyer might still help you get the compensation you need, and he would not allow you to get bullied by insurance companies.
You will save yourself a lot of money and headache if you get an attorney to defend you. Still, your attorney will also inform you of the amount of responsibility your insurance company needs to take care of. An attorney will also inform you of the amount of compensation you are entitled to and eligible to receive. You will receive entitlements to all your benefits if your car accidents prevent you from working, and you will also receive financial compensation if you need someone to clothe, bathe, and feed you.
You will receive compensation for pain and suffering, income loss, and any other expenses relating to your accident. An attorney will guide you through every process, helping you determine what damages you can get compensation for.
Adjusting Compensation For At-Fault Persons
If you are at-fault for an accident, there are several methods that you can apply to know what appropriate compensation you might receive. This is dependent on if there are other parties involved in the accident and what the court thinks. Each of these methods varies in different states, but let us show you some key terms you should be familiar with.
This legal doctrine is used in few states, and if you are proven to be partially at-fault for an accident, you are likely to receive little or no compensation for your injuries and damages.
Pure Comparative Negligence
This legal doctrine explains that your compensation reduces based on how much you contributed to the accident. This is done on a percentage basis. If you are to receive ten thousand dollars, but you contributed twenty-five percent to the accident, you will receive seven thousand, five hundred dollars as compensation.
Modified Comparative Negligence
Many states follow the modified comparative negligence. Like pure comparative negligence, you will receive what you will receive as compensation based on what you contributed to your injury or accident. However, you will not receive any compensation if you are fifty-one percent responsible for the injury or accident.
Hopefully, you now have a clear understanding of how your role in an accident affects how much you will receive as compensation. If you have never been involved in a car accident, it still doesn’t hurt to know your options if you eventually get injured in one. You should also contact an attorney to find out what legal options you have available to you, and just as the old saying goes, ‘no knowledge is lost.