ESPANOL
There are usually three narratives in a car accident; what one driver believes happened, what the other driver says happened, and what actually happened. Determining what happened and the party—or parties—at fault can help determine who is liable for damages. In some incidents, determining the at-fault party and holding them accountable for the accident damages is straightforward.
However, both drivers can be partially at fault in some other situations. In such scenarios, the doctrine of comparative negligence comes into effect. Comparative negligence can reduce the amount of damages available to the victim proportionally to their level of assigned thought. If you were recently involved in an accident and are seeking damages from another party, our lawyers can help you fight for a fair amount of compensation.
What Is Comparative Negligence?
The doctrine of comparative negligence outlines a system in which more than one party can share fault for a collision. Within this doctrine, a victim can share fault and still collect damages. Most car accidents are not cut and dry, and in these circumstances, the doctrine comes to play.
In some states, if both parties are at fault, none of them can pursue compensation from the other. However, states like Georgia and South Carolina abide by comparative negligence, which means that you can still recover compensation as long as you are only partially at fault.
For example, if another driver hit you in the middle of an intersection, but you were speeding, both you and the other driver could share fault. The amount assigned to you will determine how much compensation you can receive for your damages, if any.
We Can Help You Pursue Compensation
The main reason the other driver may claim comparative negligence is to reduce the amount payable to you. Even if you were not at fault, the other party may try to convince the jury that you were partially at fault.
Our lawyers understand the loopholes in such cases and will assemble all pieces of evidence to build a compelling case. If we can show that the other driver’s actions demonstrated the four elements of negligence, we can hold them accountable for your damages. Our lawyers will help prove that:
- The driver owed a duty of care to other road users.
- They failed to uphold this duty of care, and as a result, the accident happened.
- The breach of duty of care caused the accident and the subsequent injuries and damages.
- You suffered injuries that were a direct result of the accident.
If you share some responsibility for the collision, we will ensure that the court assigns you a fair percentage of fault.
Determining Fault in a Car Accident
Our attorneys may rely on various types of evidence to support your right to recovery. Examples include:
- The accident report filed by police
- Surveillance and traffic camera footage
- Photographs of the vehicle damage and your injuries
- Eyewitness reports
- Detailed reports of the vehicle damage
- Your own account of the collision
- Vehicle black box data
We Can Negotiate With the Insurance Company on Your Behalf
With the help of our attorneys, you may be able to pursue damages from the at fault party’s insurance company. Our team will negotiate with the insurance company for a fair deal. If the negotiation is successful, you do not have to go to court. However, we will not hesitate to escalate the case to the court of law if necessary.
In the court of law, the jury will consider the evidence and issue a verdict. Once the jury establishes the extent to which each party was at fault, it will award the settlement. Then, the court will issue a binding judgment that awards you the damages less the percentage of your fault, if any.
Hire a Car Accident Attorney Today
If you were involved in a car accident where you were partially at fault for the resulting injuries, you still have the right to seek compensation. Our lawyers will compile the evidence available to give you a better chance of winning the highest settlement possible.
If you are ready to hire a car accident lawyer, contact our team at George Sink, P.A. Injury Lawyers. Our personal injury lawyers work on a contingency-fee basis, which means that you will only have to pay our legal services if you successfully recover damages for your case.* Call now for a free consultation.