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Who Is At Fault In An Accident?

Your personal injury lawyer in Antioch will tell you that you need to identify who was at fault if you want a settlement after your personal injury accident. However, this is easier said than done!

The following questions and their answers will help you in identifying who was at fault and their percentage of fault in your personal injury accident.

How can you use the law to prove who was at fault?

Chances are, you’ll be dealing exclusively with the other party’s insurance company. This is because 95% of personal injury claims never go to trial. You don’t need to submit a certain level of evidence and/or proof. You simply need to reasonably argue the fault of the other party and provide some evidence to substantiate this. If your argument is good enough, you’ll probably convince the insurance adjuster to give you the settlement amount you want.

Can I get a settlement even if I share some of the blame?

Yes, you can. The insurance adjuster will compare your percentage and degree of fault with that of the defendant’s. Just keep in mind that your share of the settlement will be reduced by your percentage of fault. For example, if you were 20% at fault, then your final settlement will be reduced by 20%. This is in accordance with the comparative negligence rule

If your state follows the contributory negligence rule and you were 51% at fault for the accident, then you will unfortunately not receive a settlement at all. There is no formula for determining the percentage of fault. The adjuster will determine this by analyzing the evidence and facts pertinent to the case thoroughly.

Can I still get a settlement if I had a preexisting condition that made my injuries worse in my personal injury accident?

Yes, you can. But you need to ensure that a medical check was done immediately after the accident. If you don’t, the courts will think that your injuries were minor and that you don’t need a large settlement to help pay for medical expenses. The reality is that this assumption is not true. Keep in mind that nothing will occur until you are at the maximum medical improvement (MMI) stage. Your lawyer will have no idea what settlement amount to ask for in the demand letter before then. Your claim will enter the litigation phase if you can’t agree out of court.

How does personal injury law define negligence?

Anyone who behaves carelessly and causes or contributes to an accident is guilty of negligence. In this case, the person was not exercising his or her care of duty towards another party!