In car accident cases, determining fault is essential as it will impact how much a driver can receive in compensation. Comparative fault is a legal principle that assigns a percentage of blame to each party involved in an accident, thus allowing them to collect compensation based on their level of responsibility. This is significant as it can directly influence your settlement amount following a crash.
However, states around the country differ in how they apply comparative fault which can impact the total amount of damages a person can recover. In certain states, for instance, you may be barred from seeking compensation if found to be more than 50% at fault for an accident. Learn everything you need to know about comparative fault and how it’s applied to learn what it means for your accident claim.
What is Comparative Fault?
Comparative fault is a system used to allocate responsibility between all parties that are involved in an accident. It recognizes that more than one person can be partially at fault for a collision on the road and assigns each person with an at-fault percentage. This represents their total contribution to the accident. This principle allows injured parties to recover some damages even if they bear fault for the accident, with the total amount being determined by their percentage of fault. Thus, each driver is held accountable for their actions without being entirely barred from compensation.
Types of Comparative Fault Systems
Across the country, there are three primary systems for handling comparative fault, and each state adopts one of the three methods. By understanding each system, you can learn which your state uses and develop a clearer understanding of how much compensation you may be entitled to following an accident:
- Pure Comparative Fault
Under a pure comparative fault system, a driver can recover damages even if they are predominantly responsible for the accident, even up to 99% at-fault. This means that a driver’s compensation is reduced according to their fault percentage, so someone 80% at fault could still recover 20% of their damages. This system is used in states like California and New York.
- Modified Comparative Fault
In states with modified comparative fault, there is a threshold, usually 50% or 51%, that limits recovery if the claimant’s fault exceeds it. Under the 50% rule, a driver can recover damages only if they are less than 50% responsible. With the 51% rule, they can recover if they are 50% or less at fault. If they exceed the threshold, they are barred from collecting compensation. States like Georgia use the 50% rule, while Texas and Indiana use the 51% version.
- Contributory Negligence
Although not a comparative fault system, contributory negligence is worth noting as a point of comparison. In contributory negligence states, a driver cannot recover any damages if they are even slightly at fault, but only a handful of states, such as Alabama and Maryland, still use this older standard.
How Fault is Determined in Comparative Fault States
Determining fault in comparative fault states will end up relying heavily on evidence that is taken from the accident scene. Insurance adjustors, attorneys, and even the courts will work to assign fault percentages based on documents and statements gathered. Eyewitness accounts that provide critical information such as how the accident occurred and behaviors that contributed to the crash will be particularly valuable.
On top of this, any police reports filed that contain observations or conclusions taken from talking to those involved will carry significant weight, especially if citations for traffic violations were issued. Finally, experts might be brought in to reconstruct the accident using physical evidence such as skid marks, vehicle damage, and impact points, all of which can be used to determine the mechanics of the crash. Once all evidence is compiled, a fault percentage will be assigned to each party.
Tips for Protecting Your Rights in a Comparative Fault Accident Case
Finding yourself involved in a car accident can be a scary experience, especially if the fault is shared and you aren’t quite sure what occurred. That’s why protecting yourself legally and ensuring you receive fair compensation is crucial. Take the following steps to ensure exactly that:
- Document Everything: Take photos, videos, and notes at the scene, including any and all damage to the vehicles, road conditions, and any visible injuries. Also, be sure to retain any medical records you may have after visiting the hospital.
- File a Police Report: A police report can serve as critical evidence in proving fault. Make sure to get a copy for your records and even if filing a report is not mandatory based on the crash consider doing so.
- Avoid Admitting Fault: Refrain from admitting fault at the scene, as doing so can be used against you during the claims process. Therefore, it’s best to describe what happened factually without assigning blame to anyone.
- Consult an Attorney: If fault is disputed or you’re uncertain about the potential impact on your claim, seeking advice from an attorney with experience in car accidents can be invaluable. They can help you navigate evidence collection and negotiate with insurance companies on your behalf.
Stay legally protected following a car accident
Comparative fault plays a critical role in car accident claims as outlined above. It will affect the amount of compensation you can recover based on your level of responsibility and, in some states, potentially even bar you from receiving compensation. Knowing your state’s specific comparative fault system and understanding how exactly fault is determined will be two important steps that will allow you to make more informed decisions after an accident. If you’ve been involved in a wreck and the fault seems to be shared, follow all the above steps to protect your rights and ensure a fair settlement. Don’t forget to contact an accredited attorney who can help walk you through the nuances of your case while assisting with the negotiations and settlement process.
