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What Happens When Both You And Someone Else Split The Blame For A Car Crash

The aim of pursuing a compensation claim after a road accident, other than getting compensated, of course, is to hold the other party responsible for your damages. If you prove that the defendant is responsible, they are 100% liable to pay compensation. However, the defendant may argue that you were also partly to blame for the accident which can lead to what is known as split liability. There are different things that you should know about split blame for car crashes. Read on to get insight into what will happen when both of you share the blame or liability in a car crash.

Understand the Types of Negligence Laws

Depending on your state, there are different types of negligence laws that you must understand. In the event of sharing the blame following an accident, the laws can go a long way in determining the compensation you should get. The first law relates to contributory negligence which states that the person who is injured as a result of their negligence should not receive any damages from the accused person. The other law that you should know is comparative negligence, which states that the parties involved in the accident share responsibility. In other words, each party is liable for the crash. The settlement each driver gets will be determined by their degree or percentage of negligence in the accident.

How Is Compensation Calculated?

If you are partially liable for a car crash, you will not get fully compensated for your injuries and damages to property. The insurance company involved will calculate the amount of compensation to cover the injuries and property damage. If you are also responsible for the collision, you should agree to a 50/50 split liability. This means that the settlement will be calculated on a 50/50 basis, and you are only going to get half of the total compensation. When the insurance company computes the damages to calculate what you should get following an accident, you will only be awarded 50%, and you share the damages with the defendant.

Factors Affecting Liability

When you are hurt in an accident, and the other party claims that you were partially at fault, they could request a split liability agreement. You may only realize later that you were partly responsible for the accident. For instance, the other party may prove that you were speeding or that your vehicle was at fault at the time of the collision. The insurance adjusters will go through different sources of information to determine who was at fault. They can reach an agreement after reviewing photographs of the accident, police reports, and witness statements. To offer a counterargument, you need to gather solid evidence that can support your claim.

Who Determines the Portion of Compensation in Split Liability Agreement?

The insurance companies representing both the defendant and the plaintiff decide the portion of damages in a split liability agreement. After considering different factors that led to the accident, the insurance companies try to reach an agreement. The accident attorneys representing both parties involved should also be part of the decision-making process and negotiate the portion of compensation. However, the legal fees will remain the same if you enlist the services of an accident lawyer.

Most personal or accident lawyers work on a contingent basis, and they do not charge you upfront to handle your case. The attorneys can only get paid after winning the case. In short, an accident lawyer will get a certain percentage of commission from the settlement you get. In a case involving a 50/50 split liability agreement, the solicitor fee will remain the same. This simply means that you will receive half of the total settlement offered and you will deduct solicitor fees from that amount.

The damages that you can get are mainly economic, and they mainly include out-of-pocket losses incurred as a result of the injuries. For example, these may include medical bills, lost wages, and earning capacity. In some situations, the damages may be non-economic and include loss of enjoyment, emotional distress, pain, and suffering.

If you are involved in an accident, you are entitled to compensation for any injuries and property damages sustained. However, if both you and the other driver split the blame for the car crash, you are likely to share the compensation for damages as well. In other words, no one will get full compensation from the insurance companies involved. If you reach a split agreement and you decide that you share the blame equally, you will only each get 50% of the total compensation that will be paid.

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