Car accidents rarely have a single, clear-cut cause. Sometimes, both drivers might have made mistakes that contributed to the crash. That’s where “comparative negligence” comes in. It’s a legal concept that basically says, “Okay, maybe you weren’t totally innocent, but the other driver was more at fault.”
But how does this affect the money you can get in a settlement? And what if you’re partly to blame? Let’s get into comparative negligence, show you how it’s calculated, and explain how it can impact your case.
How Comparative Negligence Affects Your Settlement
Understanding how comparative negligence impacts your settlement is crucial. It’s not just about who was more at fault, it’s about how that fault translates into dollars and cents.
Calculation of Damages
Your percentage of fault directly reduces the amount of compensation you can receive. Let’s say, you’re in an accident where the total damages are $100,000. If you’re found to be 30% at fault, your compensation gets slashed by that same 30%. That means instead of getting the full $100,000, you’d only receive $70,000. It’s a harsh reality, but it’s how the system works in most states.
Negotiation and Settlement
Comparative negligence plays a big role in settlement negotiations with insurance companies. The adjuster’s job is to save their company money, so they’ll try to pin as much blame on you as possible. They might argue that you were speeding, not paying attention, or didn’t signal properly, all in an attempt to reduce their payout.
Corey Schafer, SEO Specialist at Florin|Roebig explains, “A skilled auto injury attorney in your corner is crucial. They’ll fight back, gathering evidence to minimize your share of the blame and push for a settlement that truly reflects your losses. They’ll review the police report, interview witnesses, and even consult with experts if needed to build a strong case on your behalf.”
Tips for Minimizing Your Comparative Negligence
While you can’t always predict or prevent the actions of other drivers, you can take steps to reduce your own risk of being found partially at fault in an accident. This can impact the amount of compensation you receive in a car accident claim.
Here are some practical tips to help you minimize your comparative negligence.
Follow Traffic Laws
It might seem obvious, but obeying traffic laws is crucial. Speed limits, stop signs, traffic signals — they’re there for a reason. When you break the rules, you’re not only putting yourself and others at risk, but you’re also increasing your chances of being found at fault in an accident.
If you rear-end someone while speeding, it’s going to be hard to argue that you weren’t at least partially responsible. So, slow down, pay attention to the signs, and drive defensively.
Avoid Distractions
We all know distracted driving is dangerous, but it’s also a major contributor to accidents. Texting, talking on the phone, fiddling with the radio, even eating or drinking while driving — these distractions take your eyes off the road and your mind off the task at hand.
If you’re involved in an accident while distracted, it’s likely to be considered negligence, and you could be assigned a percentage of fault. So, put your phone away, keep your hands on the wheel, and focus on driving. It can wait..
Maintain Your Vehicle
Keeping your car in good working order isn’t just about avoiding breakdowns; it’s also about preventing accidents. Make sure your brakes, lights, tires, and other essential components are in good condition.
If you’re involved in an accident and it’s discovered that your brakes were faulty or your tires were bald, you could be held partially responsible. Regular maintenance is not only good for your car, it’s also good for your safety – and your potential claim for compensation.
Be a Defensive Driver
Defensive driving is all about anticipating potential hazards and taking proactive steps to avoid accidents. This means.
- Maintaining a safe following distance.
- Being aware of your surroundings and checking blind spots.
- Adjusting your driving to weather and road conditions.
- Avoiding aggressive driving behaviors like tailgating or weaving in and out of traffic.
By being a proactive and responsible driver, you’re less likely to be involved in an accident, and even if you are, you’re more likely to be able to demonstrate that you took reasonable precautions to avoid it.
Seek Medical Attention
Even if you feel fine after an accident, it’s important to get checked out by a doctor. Some injuries, like whiplash or concussions, might not show symptoms right away. Delaying treatment can not only worsen your condition but also make it harder to prove that your injuries were caused by the accident.
By seeking prompt medical attention, you’re not only prioritizing your health but also creating a paper trail that can be crucial in supporting your claim for compensation.
Document Everything
After an accident, it’s important to document everything you can. This includes:
- The Accident Scene: Take photos of the damage to all vehicles involved, the road conditions, traffic signs, and anything else that might be relevant.
- Your Injuries: Take photos of any visible injuries and keep a journal of your pain levels, symptoms, and limitations.
- Witness Information: Get the names and contact information of anyone who saw the accident.
- Communication: Keep records of all communication with the other driver, their insurance company, and your own insurance company.
These details might seem insignificant at the time, but they can be crucial in proving your case and maximizing your compensation.
Conclusion
All in all, when it comes to car accidents, it’s not always a clear-cut case of who’s right and who’s wrong. Comparative negligence means that even if you played a small part in the accident, it could affect how much money you get.
But that doesn’t mean you’re out of luck! By following the tips we’ve discussed, you can minimize your share of the blame and increase your chances of getting a fair settlement. Remember, drive safe, stay alert, and if you do get into an accident, don’t hesitate to reach out to an experienced car accident lawyer. They’ll help you navigate the complexities of comparative negligence and fight for the compensation you deserve.
