Have you ever wondered what happens if both drivers are at fault in a car accident? When this happens, and you’re trying to determine whether you can seek damages, we have comparative fault laws. This can determine who can seek damages and how much someone can seek in damages.
Understanding how comparative fault laws can help you manage the aftermath of an accident can mean the difference between getting compensation or not.
The vehicle accident attorneys at Lenahan & Dempsey can explain comparative fault, how it affects compensation claims, and what actions to take if you’re involved in a car crash. By the end, you’ll have a better understanding of your legal rights and know why consulting a trusted car accident attorney is essential.
What is Comparative Fault in Car Accidents?
At its core, comparative fault—also known as comparative negligence—is a legal principle that determines how responsibility is shared between drivers in a car accident. When multiple parties contribute to a collision, comparative fault assigns a percentage of responsibility to each party involved. These percentages play a vital role in deciding how much compensation drivers can recover from a lawsuit.
Drivers should understand comparative fault because it directly impacts compensation, especially if you’re partially to blame. Your compensation might be reduced, or in some cases, denied altogether depending on your percentage of responsibility.
Key Concepts of Comparative Fault:
- Assigning Fault: Responsibility in an accident is divided as a percentage—for example, 70% fault for one driver and 30% fault for another.
- Impact on Compensation: Your potential recovery is reduced by the percentage of fault attributed to you. For example, if you are at 20% fault, you can seek compensation for 80% of the damages you have suffered.
How Comparative Fault Works in Car Accidents
After a car accident, insurance adjusters—and ultimately juries if the case goes to trial—determine who caused the crash. Each party is assigned fault based on evidence like police reports, witness statements, or video footage.
For example, if Driver A is speeding, but Driver B ran a stop sign, both might share liability. Driver B might carry 70% fault, while Driver A is assigned 30%.
How This Can Impact Your Compensation
The percentage of fault determines how much compensation you can claim for your injuries or damages. Using this example, suppose you’re Driver A and suffered $50,000 in damages. If you’re found to be 30% at fault, your final compensation would be reduced to $35,000.
On the flip side, if you were predominantly at fault (say, 70%), you couldn’t seek damages. In Pennsylvania, you can only recover damages if you are 50% or less at fault; your damages are then reduced by your percentage of fault.
Legal Advice for Drivers in Car Accidents
If you’re involved in a car accident, understanding your role in the fault equation is important. However, legal advice can make all the difference in protecting your rights and ensuring fair compensation.
Steps to Take After an Accident
- Ensure Safety: Check that everyone is safe, and seek medical attention if needed.
- Document Evidence: Take photos of the accident site, vehicle damages, and any injuries. Get contact details from witnesses if possible.
- Contact Authorities: File a police report, which will serve as an official record of the event.
- Avoid Admitting Fault: Statements like “I didn’t see you” or apologies may be misinterpreted as an admission of guilt.
Why Legal Counsel Matters
Navigating the complexities of comparative fault requires skill. Our trusted attorneys can thoroughly review your case, gather the evidence needed to prove fault accurately, and challenge any unfair fault assessments. Additionally, they can help negotiate with insurance companies unwilling to provide fair compensation.
The vehicle accident attorneys at Lenahan & Dempsey can handle car accident cases across several counties/towns including Scranton, Dunmore, Archbald, Blakely, Throop, Dickson City, Olyphant, Clarks Summit, Dalton, Jessup, Jermyn, Mayfield, Forest City, Waymart, Factoryville, Honesdale, Pittston, Wilkes-Barre, Berwick, Hazleton, Nanticoke, Carbondale, Tunkhannock, Stroudsburg, Montrose, Allentown, Easton, Bethlehem, Jim Thorpe, Milford, and the Pocono Mountains. Contact us today for a free consultation.
*Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.
