Surviving a car accident can come as a shock and be stressful. What happens when one driver thought they had the right of way, and so did the other? One car was turning left on a yellow light when another car entered from the opposite direction, above the speed limit, also facing a yellow light but going straight through. Who is at fault? While a judge or jury may conclude that one party is 100% at fault, it is also possible for a degree of fault to be assigned to each driver. Understanding partial fault consequences, or contributory negligence, is essential for understanding how automobile accident cases are assessed.
This blog explains how partial and contributory negligence are determined, examines its effects on insurance settlements and personal injury lawsuits and helps readers build strategies to protect their rights.
What Is Partial Fault?
Partial fault is considered in a car accident when both parties are responsible for the accident. For instance, if one driver was speeding and the other did not obey a traffic signal, both may be considered partially responsible.
The fault percentage is determined by considering different types of evidence, including:
- Photos from the accident scene
- Police reports
- Statements of witnesses
- The evidence from the parties involved in the collision
- Ontario’s traffic laws.
In negotiation for a personal injury claim, both the plaintiff and defendant must evaluate their exposure based on their degree of fault. If the parties cannot agree, ultimately fault will be determined by a judge or jury.
How Contributory Negligence Impacts Your Damages
For a plaintiff, the amount of damages to which you are entitled will be impacted by the degree of fault. If your case is worth $100,000.00 and the defendant is found 100% at fault, then you will receive $100,000.00. However, what if you were speeding or not wearing your seatbelt? In such a case, a judge or jury may assign 15%, 25% or more fault to you as the plaintiff, depending on the facts of the case. If a jury decides that you, the plaintiff, are 25% at fault, then your damages will be reduced accordingly and you will only receive $75,000.00 in damages.
At SG Injury Law, we have a dedicated team of personal injury lawyers who handle all sorts of personal injury accident cases in Ontario, including motor vehicle accident claims. Our car accident lawyer in Cornwall will sit with you to understand your case so that they can provide a clear strategy to plan your next steps. We will also help you understand the impacts on your personal injury claim, depending on state laws, assuring you are in a better position to claim for your losses.
What to Do If You Are Partially at Fault
You must take appropriate measures to protect your rights following an automobile collision. The first step includes proper documentation. Take photos of the accident scene, record videos of the damage, and collect contact information from on-site witnesses. It is also important to make sure the investigating police officer is given accurate information, so there are no mistakes in the motor vehicle accident report.
The second and essential step is never admitting your fault at the scene. In motor vehicle accident cases, determining who is at fault should be left to the judgment of legal professionals and ultimately a judge or jury. Focus on cooperating with legal authorities and providing necessary information to make the case less challenging. At the same time, do not give a statement to the insurance company for the other driver. That insurance adjuster may ask misleading or leading questions which paint your involvement in a negative light. Contact an injury lawyer for assistance before responding to the other side’s insurance company.
Consulting with a personal injury lawyer becomes essential for all shared-fault cases. They can assist you with understanding legal intricacies while dealing with insurance companies and securing a fair settlement.
Common Concerns in Partial Fault Cases
Many people experience some common concerns when filing for compensation in car accidents for which they were partially responsible. These include:
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Will Your Insurance Rates Increase?
Your insurance premiums may rise due to your partial fault in an automobile accident. Fault in these cases is based on the fault determination rules. Some insurance companies offer accident forgiveness programs, which can provide relief against premium increases.
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Can You Still Sue for Damages?
You can still claim damages even if your insurance company deems you fully or partially at fault under the fault determination rules. In a civil personal injury lawsuit, the laws of negligence and contributory negligence apply. Consult with an personal injury lawyer for an assessment of whether you could still be entitled to damages. Moreover, regardless of who is at fault, you are always entitled to no-fault accident benefits.
Conclusion
If you are partially at fault for an automobile accident in Ontario, your damages may be reduced, but you are still entitled to damages that have been incurred.
Seeking legal help to handle injury claims and understanding the negligence and fault laws are critical when it comes to properly evaluating your case. Taking proper actions after you are involved in an accident protects your interests while ensuring you have the best chance to secure the maximum fair compensation available to you under the law.
Are you looking for an experienced personal injury lawyer in Cornwall? Let our car accident lawyers in Cornwall guide you in every step of your case.
FAQs
- What if the other driver is mostly at fault, but I am partially to blame?
In Ontario, your damages will be reduced by the degree to which you are found at fault. As outlined above, if you are 25% at fault and your damages are worth $100,000.00, then you will receive compensation of $75,000.00.
- How do insurance companies determine fault in a multi-car accident?
Insurance companies determine the fault in a multi-car accident by evaluating police records, eyewitness statements, photos from the accident scene, and the extent of vehicle damage. They assign a fault percentage for each driver involved in the accident.
- Can I sue if I am partially at fault but suffered significant injuries?
Yes, you can sue if you are partially responsible for an accident and have suffered serious injuries. The compensation amount will decrease based on the degree to which you are at fault.. - What if another driver’s negligence caused the accident, but I was speeding?
Speeding can result in a determination that you have been contributorily negligent. If your speeding contributed to the collision, your compensation will be reduced based on your degree of fault. You can determine the impact on your personal injury claim with the guidance of a lawyer.