When you’ve been involved in a car accident, there is always the
possibility of an auto accident case. Sometimes, filing an auto accident
is the only way to get the compensation you need after a car wreck. However,
if you’ve never had to participate in an auto accident case before,
you might not know how they work or what factors will be used to determine
Fortunately, auto accident cases are fairly simple, especially when you
have the right information. Here is what you should expect during your
auto accident case, including tips for hiring an auto accident attorney
so that you can win your case.
Outlining Fault in Your Case
The majority of auto accident cases are personal injury suits, and like
every personal injury suit, winning your case depends on proving the fault
of the other party. While fault is clear in most car accident cases, it’s
still important that you learn about the three factors you must prove
to establish fault in your suit.
The easiest factor to prove is that the other driver was responsible for
your safety, which is true of every driver. Next, you will need to provide
evidence that the other party did not drive their vehicle safely, and
that their unsafe actions caused your accident. Lastly, you should have
proof that the auto accident was the cause of your injuries. This is usually
done by providing medical records.
Negligence and Your Compensation
In many car accident cases, both drivers will share some part of the blame.
Depending on the state that you live in, this can seriously affect the
level of compensation that you will receive. The majority of states use
one of three systems for assigning blame: Pure comparative fault, modified
comparative thought, and contributory negligence.
In contributory negligence states, you must be blameless in your accident
to receive any compensation from the other driver. If you share even 1%
of the blame, you wouldn’t be able to collect damages at all.
If your state uses modified comparative fault, the amount of your damages
will be awarded in the same manner as long as you were less than 50% responsible
for the accident. Anything over 50%, and you won’t be able to receive
California is a “pure comparative fault” state. This means
the state awards damages based on the percentage a person was at fault
for an accident. For example, if it is determined that you were 20% at
fault for your wreck and you suffered $10,000 worth of damages, you can
receive $8,000 worth of damages from the other driver. Even if you’re
80% responsible for the accident, in this case, you could still receive
$2,000 in damages.
How an Auto Accident Attorney Can Help
Even in comparative fault states like California, it’s vital that
you have help proving that the other driver was responsible for the accident.
The more fault you can demonstrate against the defendant, the higher your
award will likely be.
Whether you are experienced or inexperienced with auto accident cases,
the best way to win your compensation is to hire an auto accident attorney from the
Dunnion Law Firm. One of our knowledgeable attorneys can help you to prove the fault of
the other driver so that you win the highest claim possible.
about your auto accident case today.