The initial version of an accident is usually the drivers’ versions of what happened. One may believe they had the right of way, while the other claims the collision was unavoidable. Those accounts can send investigators in various directions, especially when both drivers made errors. If both parties are at fault, how does the mistake impact a personal injury case?
Fault Is Not Always Obvious at the Scene
While an accident scene can provide investigators with valuable information, it does not always provide all the information. Responsibility can be assessed by:
- The extent of damage to vehicles
- Road conditions
- Witness statements
- Scene photographs
- Video footage
Consider a driver who suddenly slows down and gets rear ended. The back driver might look like the guilty party, but evidence may indicate that the first driver had a legitimate hazard, or that the car’s brake lights were not working. Details such as these can change how fault is divided.
A traffic ticket may also become part of the evidence, but receiving one does not automatically settle every question about civil liability. A personal injury claim examines the accident more broadly, including whether the conduct of each party contributed to the injuries and resulting losses.
Your Percentage of Fault Can Affect Your Recovery
Comparative negligence rules allow responsibility to be divided between the parties in many jurisdictions. Kansas law, for example, permits an injured person to recover when their negligence was less than the causal negligence of the opposing party, but the damages are reduced according to their assigned percentage of fault. That makes the percentage important.
Suppose you have $60,000 in losses and are held 20% responsible. If the law applies, your award may be reduced to $48,000. This is why an insurer’s claim that you were partly responsible should not automatically be treated as the final answer. The percentage itself may be disputed.
Evidence Can Change the Fault Calculation
The strongest argument in a disputed claim may not be a statement about who was “wrong,” but evidence showing what actually happened. Medical records can be used to establish the nature and extent of an injury. Photographs can depict:
- Vehicle positioning
- Conditions on the road
- Visible hazards
Witnesses may give independent reports of the accident, and video can shed light on what occurred within seconds of the event. This evidence can become particularly important when an insurance company assigns substantial fault to the injured person. A car accident lawyer Kansas City may review the available evidence to determine whether that assessment is supported by the facts.
Do Not Confuse Fault With Your Right to Make a Claim
Being partly responsible and having no valid claim are not necessarily the same thing. Your conduct affects the outcome based on the law involved, the evidence presented, and the final percentage of responsibility that is placed on you.
Having an understanding of the timeline of a personal injury case is also beneficial in determining what to do. It starts with investigation after which negotiations with insurers are held. Then come litigation, discovery, and settlement talks. If talks also fail, the case ultimately goes to trial.
Endnote
The key point is that fault does not have to be assumed, it has to be proven. Having an understanding of how comparative-fault laws work and what it means to document the circumstances of another party’s conduct can be helpful to better determine if it is worth seeking out compensation for your injuries.
Apart from that, if you want to know more about What a Truck Crash Team Digs Into Before Key Evidence Disappears then visit our Accidents Law category.
