How a Personal Injury Lawyer Can Help if You’re Being Blamed for an Accident?

Is an insurance adjuster accusing you of contributing to the cause of your accident? If so, you might be confused because the other person is responsible for causing the accident. Why would the insurance company try to shift some of the blame for the accident to you? The answer lies with the comparative negligence laws.

What Is the Comparative Negligence Standard for Accident Claims?

You may be accused of comparative negligence if you are involved in an accident. You must prove that the other party was at fault to recover compensation for an accident or personal injury claim. For example, you must prove that your car accident occurred because the other driver failed to yield the right of way by running the red light. The accident would not have happened if the driver had not run the red light.

If you prove the other driver was at fault for causing the accident, you can demand compensation for your economic damages (i.e., monetary losses and expenses). You can also claim non-economic damages for your pain and suffering.

All parties who contributed to the cause of the car accident can be held liable for damages. Therefore, if more than one party contributed to the cause of the accident, both parties can be liable for damages. Comparative negligence is the legal theory that allows the court to divide damages between the responsible parties.

The insurance company is blaming you for causing the accident to avoid paying damages. If it can convince a jury that you were more than 51% to blame for the crash, the law prohibits you from recovering compensation for your damages.

What Happens if I’m Partial to Blame for Causing an Accident?

Comparative negligence does not bar victims from receiving compensation unless they are 51% or more at fault for causing an accident. However, the court reduces your compensation for damages by your percentage of fault if you are partially to blame.

For example, suppose a jury returns a verdict for $1 million in damages for a motorcycle accident. However, the jurors also found that you were 20% to blame for causing the motorcycle accident. The judge would reduce your award by 20% or $200,000.

Therefore, it benefits insurance companies to try to shift some of the blame to the victims because it saves them money, even if their insured is still mostly to blame for causing the accident.

How Can a Personal Injury Lawyer Help Me if I’m Being Blamed for Causing an Accident?

Regardless of whether you believe you could be partially to blame for causing an accident, do not admit fault at the accident scene. Saying sorry or apologizing for the crash could be interpreted as admitting fault.

Insurance adjusters are skilled at asking questions designed to obtain responses that could be intentionally misinterpreted as admitting fault. Merely admitting you were running late to work and the kids were loud in the car could result in a claim of distracted driving.

Instead of talking to an insurance company, speak with a personal injury attorney about your case. Let an attorney handle the communications with the insurance company. Making statements and answering questions without legal advice could hurt your case.

When you hire a personal injury lawyer, your attorney takes numerous steps to protect your rights and best interests.

For example, your personal injury attorney conducts an independent investigation into the cause of the crash. The police officer’s determination of fault could be incorrect. Your attorney gathers evidence and interviews witnesses. They may hire an accident reconstructionist and other expert witnesses to assist with your case.

Get Help With an Accident Claim From a Trusted Personal Injury Lawyer

Experienced accident lawyers understand how insurance companies try to avoid paying damages by using contributory fault and other tricks. They are prepared for these tactics and understand how to defend you against unjust allegations of blame and fault. Before you accept blame for an accident, schedule a free consultation with a lawyer to learn about your rights and legal options.