Most often than not, accident victims have come to believe the common thinking regarding the at-fault party in the accident being unqualified to pursue a personal injury claims case with Atlanta car accident attorneys.
However, this common thinking may not be accurate as if you are responsible for the auto accident, then you forfeit all your rights to pursue a personal injury claim; however, if you are partly to blame for the accident, which means the other driver also shares in the blame culminating in the accident, then, you may enjoy a few provisions for compensation for the pain and suffer alongside damages which you have suffered.
While it is not always clear from the onset who the at-fault party is in some road traffic accidents, others may be clear, thus establishing the fault for one driver and leaving the other open for compensation demands.
Many car accident attorneys talk about non-fault personal injury accidents and being able to pursue a claim, but in most cases, the faulty and non-fault parties are clear from the get-go. In complex cases, however, where both parties played a role in the incident, there can be disputes regarding which drivers are at fault and to blame for the road traffic accident. These disputes to establish the at-fault party may sometimes go to court in order for the judge to find who the responsible party or parties are.
To better understand your rights and privileges in the aftermath of a road traffic accident, below is some of the most important information you should be aware of.
What is a fault accident?
Fault accident claims usually mean that the driver caused the accident, totally or partially. In most cases, car accident attorneys commonly deal with no-fault accident claims where the party they represent is not to blame for the incident, which may have caused them varying degrees of pain and injuries. However, there are some cases in which the accident victim may be partly blamed for the incident in question. Such cases are described as a fault incidents and can be considered when the insurer is attending to the claims demand.
When you are involved in a fault accident wherein you are a contributor to the incident which has happened, there are several possibilities, depending on the nature of the insurance policy you hold. In some cases, especially for a comprehensive insurance policy, the insurance company may cover the damages to your car and the damage to the other’s car, including the driver of the other vehicle, if injury cases demand medical attention. However, holders of not fully comprehensive insurance policies, then, they may not be entitled to payments for the damages caused to their vehicle.
What is a partly at-fault accident?
A partly at-fault accident may also be referred to as a 50/50 accident or a 50/50 split liability. In cases such as this, several complications can arise because the fault may not be clear from the onset. Taking into account that there are many road traffic accidents or road collisions where it is clear to see where the fault lies, even in accidental cases, it may be harder to establish joint liability for an accident.
In cases with an equal divide of liability, the blame is mainly shared after due investigations have been conducted into the incident. A complete investigation of the incident may reveal that both drivers or more are responsible for the blame. After establishing a joint fault for the incident, each party will take a 50% share of the blame in the event of two vehicles. Both parties can file personal injury claims if they have been injured as a result of the incident.
What if I was responsible for the accident?
If you have been held solely responsible for the road traffic accident, such an accident will be recorded as a fault accident. In such cases, it is doubtful that you can get your attorneys to file a claim for injuries sustained due to the incident. However, it is possible for a passenger or passengers involved in the accident to make a claim for personal injury.
For many at-fault parties, the common question that comes to mind is what happens in the aftermath of the accident and what the insurance company will cover. However, the amount in compensation that will be provided to the injured victims may depend on the insurance policy you hold. For comprehensive insurance policies, the insurance company may be able to cover the damages done to your car; however, personal injury compensation will only be awarded to the non-fault drivers of the incident and involved passengers.
Passengers in vehicles involved in a road traffic accident can also make personal injury claims for sustained injuries, whether whiplash or more fatal. Family members and friends of passengers (regarded as innocent parties in the accident) can also make a claim regardless if they are in the fault or no-fault accident vehicle.
How to begin your fault accident claim?
If you have been involved in an auto accident, it is recommended that you seek out the services of your car accident attorneys. This is especially recommended when you are unsure who is at fault. Take advantage of the free initial consultation services offered by a personal injury lawyer in Atlanta to shed more light on your case.
Any fault accident will be processed through the driver’s insurance company to start a fault accident claim. You should reach out to your insurance company within 24 hours of the accident to report the case.
What if I’m partly responsible for the accident?
If two parties are found to be at fault for the road traffic accident, they will share the blame for the accident, which is usually 50/50. Each affected driver takes 50% of the blame for the accident, and when claiming a personal injury on 50/50, you will be entitled to only 50% of the damages awarded.
What can I claim following a 50/50 accident?
General damages can be claimed as part of the 50/50 claims. With the help of their car accident attorneys, the victim may be able to file claims for pain and suffering endured, stress and emotional displacement, physical impairment, and physical disfigurement. In some cases, special damages may be filed for, and this covers all of the financial aspects of the compensation claim, including loss of earnings, loss of future earnings, loss of future employment, medical expenses past, present, and future, repair or replacement of damaged properties, expenses required for home adaptation, prescription charges and more.
Bryce is considered a highly esteemed trial lawyer and a passionate client advocate amongst his peers in the Atlanta legal community. Never afraid to go the extra mile for his clients, Bryce Angell works tirelessly to ensure that each client’s personal injury case gets the attention that it deserves.