Accident victims frequently accept the conventional wisdom that the negligent party is ineligible to pursue a personal injury claim lawsuit with Atlanta auto accident lawyers. A question may arise in your mind can I file a personal injury claim if I am at fault in an auto accident?
This common belief, however, may not be entirely accurate because if you are wholly to blame for the auto accident, you lose all rights to file a personal injury claim. However, if you are partially at fault for the accident—that is, if the other driver also contributed to the cause—you may be eligible for some provisions for compensation for your pain and suffering and the damages you have sustained.
While it is not always immediately apparent who is to blame in road traffic accidents, in some situations, it may be, establishing the responsibility of one motorist and opening the other up to claims for compensation.
The faulty and non-fault parties are typically evident from the outset, even though many vehicle accident lawyers discuss non-fault personal injury accidents and being able to pursue a claim in these situations. However, in complicated cases where both parties were involved in the incident, there may be disagreements over which motorist is to blame for the traffic accident. For the judge to determine who the responsible party or parties are, these conflicts to determine the at-fault party may occasionally go to court.
The most crucial information you need to be aware of following a road traffic collision is listed here so you may better understand your rights and advantages.
What is a “fault accident”?
Accident liability lawsuits typically imply that the motorist was entirely or substantially to blame for the collision. When a party they are defending is not at fault for the incident that may have caused them varying degrees of suffering and injury, vehicle accident lawyers are frequently known to deal with no-fault accident claims. However, there are rare situations where the accident victim may share some blame for what happened. This situation is a fault incidence and might be considered while the insurer handles the claims demand.
Depending on the type of insurance coverage, there are several options available if you are involved in a fault accident where you contributed to the occurrence. If there are injuries requiring medical care, the insurance company might, in some circumstances, pay for the damage to both your automobile and the other driver’s car, especially if your insurance coverage is comprehensive. On the other hand, owners of less comprehensive insurance coverage could not be eligible for compensation for the harm done to their car.
Know More: What Are the Fees for a Car Accident Lawyer?
What is a partly at fault accident?
An accident that was partially your fault may also be referred to as a 50/50 accident or a split liability accident. Because the issue may not be apparent immediately, situations like these might lead to several complications. It might be more challenging to demonstrate joint liability for an accident given the prevalence of road traffic accidents or collisions in which it is obvious who is at fault, even in unintentional circumstances.
After appropriate investigations into the occurrence have been completed, the blame is typically shared in situations where there is an equal division of liability. After a thorough examination, both drivers or more may be found to be at fault for the accident. Both parties may pursue personal injury claims if they have been wounded due to the collision after demonstrating joint fault for the incident, where each party will accept a 50% share of the blame in the case of two cars.
What if I was responsible for the accident?
If you were found to be the only cause of the traffic accident, it would be noted as a “fault accident.” It is quite doubtful that you could convince your lawyers to submit a claim on your behalf for injuries you received due to the occurrence. However, a passenger or passengers who were engaged in the collision may be able to file a personal injury claim.
What happens following the collision and what the insurance company will cover is a frequent concern for many at-fault parties. However, your insurance coverage may impact the amount of compensation paid to the harmed parties. If you have comprehensive insurance, your insurer might be able to pay for the damage to your automobile. Still, only the other drivers and passengers who were not at fault in the accident would receive reimbursement for personal injuries.
In addition to making personal injury claims for whiplash and other serious injuries, passenger vehicles in traffic accidents may also endure more lethal injuries. Whether they are in the car that was at fault for the accident or not, family members and friends of passengers—considered innocent parties—may also file a claim.
How to begin your fault accident claim?
You should contact your car accident lawyers if you have been in an automobile accident. This is particularly advised if you are unsure about who is at fault. Take advantage of the free initial consultation services an Atlanta personal injury lawyer provides to learn more about your case.
The driver’s insurance provider will handle any accident that is at fault to begin a fault accident claim. You should contact your insurance provider to report the incident no later than 24 hours following the collision.
What if I’m partly responsible for the accident?
If two parties are judged to be equally responsible for a traffic collision, they will split the responsibility equally, typically 50/50. This indicates that each involved driver has 50 percent of the blame for the crash, and it also shows that you will only be able to receive 50 percent of the damages granted if you file a 50/50 personal injury claim.
What can I claim following a 50/50 accident?
The 50/50 claims may include a claim for general damages. The sufferer may be able to make claims for physical impairment, bodily deformity, stress, and mental distress with the assistance of their automobile accident lawyers. In some circumstances, a claim for special damages may be made. This covers all monetary aspects of the compensation claim, including lost wages, lost future wages, lost employment, past, present, and future medical expenses, property damage repair or replacement costs, home adaptation costs, prescription drug costs, and more.