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Can you sue even if you caused the car accident that injured you?

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car accident business
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If you’ve been in a car accident, there are several factors to consider. If you were at fault for the accident but were injured, there may be some legal steps to take to ensure you are properly compensated, depending on the nature of the collision. This often occurs if the other driver was partially liable for the accident as well. Learning about the laws in your state will help you determine if you’re entitled to a settlement even if the accident was partially your fault.

Here are a few things you should know if you were hurt in a car wreck that you were somewhat responsible for.

Comparative negligence

According to the theory of comparative negligence, you can receive a settlement after filing a lawsuit even if your negligence led to a car accident. If your state supports the comparative negligence theory, your recovery funds will be reduced in relation to your fault for the accident. For instance, if you wee 50% at fault for the accident and your damages are $100,000, you will receive $50,000 or half of your damages.

In most cases, if you are more than 50% liable for the accident, you won’t be able to recover any damages.

Contributory negligence

As opposed to comparative negligence, contributory negligence is more stringent. For example, if the accident occurred in a contributory negligence state, you won’t be able to sue for damages if you were at fault for the car crash in any way, even if you were only 1% liable. The following states are contributory negligence states: Alabama, Maryland, North Carolina, Virginia, and D.C.

No-fault states

Suppose the car wreck occurs in a no-fault state like Pennsylvania, Florida, New York, and Massachusetts. In that case, your damages will be covered by your insurance policy up to a specific amount, whether or not you were responsible for the accident.

Just because you are one of the at-fault parties in a car wreck doesn’t always mean that you are ineligible to recovery for injuries you sustained. Determining who is liable for the accident can affect whether you can be compensated for your injuries. For this reason, you should never admit fault when you get into a car wreck. Be sure to write down the details of the accident as soon as possible so you’ll be able to remember while the incident is still fresh in your mind. Get in touch with a car accident attorney as soon as possible to help you with your case.

The burden of proof

When you file a legal claim, you have to be aware of the burden of proof in the accident and how you will prove this in a court of law. The burden of proof is a threshold an individual must meet in the car accident case to prove guilt or innocence. The evidence pertaining to the accident will help the judge and jury determine the burden of proof. This theory is not applied as intently in car accident cases as it is in criminal cases (the burden of proof has to be proven without a reasonable doubt in criminal cases).

If you are hurt in a car accident and were totally or partially responsible for the wreck, you can hire a car accident lawyer to help you through your case. Your attorney will look at all the aspects of your case, determine the degree to which you are at fault, and help you get the settlement you’re entitled to so you can get the money you need to pay for medical bills or make the necessary repairs to your vehicle.

You may also need to hire an accident reconstruction specialist to satisfy the burden of proof in a car accident case. Again, your attorney will most likely take care of this task. These individuals will visit the accident scene, get the evidence they need, review the details, and re-create the accident to prove what happened and determine who is liable for the collision. Then, armed with such incontestable proof, your lawyer will move on with the case, fighting for your rights every step of the way.

 

Story by Mark Scott. With a law degree under his belt, Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.

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