When you are involved in an accident, you may assume that you will receive full compensation for your injuries because the other driver was clearly at fault. However, because some states have comparative negligence laws, the defendant might argue that you were partially at fault for your injuries. Without a great car accident attorney, your damages might be reduced substantially.
Understanding Comparative Fault Laws
Under comparative fault law, the fault that is assigned is a percentage set by a judge or jury. For example, if a driver makes an unsafe lane change and collides with you, they might claim that you were speeding. Because they hit you, they will likely carry the majority of the blame. However, you might still be considered partially at fault.
How comparative fault is determined is not precise and is often left to the judgement of the courts or the negotiations you have with an insurance provider. To avoid being found partially at fault, you will need to make sure that you don't say anything that might be interpreted as an admission of guilt. Even apologizing can lead to you accidentally making a statement that may suggest that you're at fault.
To be considered at fault, you must have been negligent and the negligence must have contributed to the accident. Fortunately, there are several ways that your auto accident attorney can prove this.
Avoiding Blame for Your Accident
If you were not at fault for the accident, taking photographs of the scene of the accident can help support your version of the events. Take pictures of your car, the weather at the time, and the general surroundings. Depending on your injuries, you might want to ask someone to take photographs of the accident and your injuries for you. Then, make sure to gather contact information from any nearby witnesses.
Next, make sure to contact the police and wait for them to arrive. By remaining at the scene, you can avoid being accused of performing a hit and run. The police report will provide valuable information such as the time of the crash, the weather conditions, and any witness statements made to the police. The police report is not necessarily admissible in court, but can be helpful when establishing facts. The police officer might testify in court. Also, most car accident cases do not even go to court and are instead settled by an insurance provider.
For more infomation, contact a car accident lawyer.