Can a Car Accident Lawyer Help If I Was Partially at Fault?
After a car accident, it's natural to wonder if your rights are still protected if you were partially at fault. The short answer is yes—car accident lawyers can assist in many situations, even if you share some responsibility for the accident. This article will explore how car accident lawyers can help and the role of comparative negligence in these cases.
Understanding Comparative Negligence
Comparative negligence is a legal system used to determine the degree of fault each party has in an accident. Unlike the contributory negligence system, which can bar recovery if you are even 1% at fault, comparative negligence systems allow you to recover damages even if you share some responsibility.
In states like Arizona (AZ), fault is assessed as a percentage. For instance, if an accident happens and the courts assign 20% of the fault to you, you can still recover 80% of the damages. This can be a crucial point, especially if you were only minimally at fault.
The Role of a Car Accident Lawyer
A car accident lawyer can be instrumental in navigating the complexities of comparative negligence and ensuring you receive fair compensation. Here's how they can help:
1. Navigating the Legal System
Accidents can be confusing, and the legal system can be overwhelming. A car accident lawyer can provide you with guidance on the appropriate legal steps to take after an accident. They can file the necessary paperwork, represent you in court, and help you understand the legal terminology and process.
2. Negotiating with Insurance Companies
Insurance companies often try to settle cases as quickly as possible and for as little as possible, especially when the other party is partially at fault. A car accident lawyer can negotiate on your behalf to maximize your compensation. They can make sure the settlement accurately reflects the impact of the accident and the full extent of your damages.
3. Protecting Your Rights
Insurance adjusters and the other party's lawyer may try to place the blame on you or minimize your injuries to reduce the settlement amount. A car accident lawyer can ensure that your rights are protected and that any attempts to misrepresent the facts are countered.
4. Determining the Best Course of Action
Depending on the circumstances, a lawyer might recommend filing a claim with your insurance company or pursuing a personal injury lawsuit. They can advise you on the most cost-effective and beneficial course of action, given the specifics of your case.
Why Filing a Claim with Your Insurance Company Might Not Be Enough
Although your insurance company will handle claims for its policyholders, they are primarily concerned with their own bottom line. They may offer a settlement that is lower than what you are entitled to, especially if the other party is also at fault. In these cases, seeking legal representation can help you get a fairer settlement.
Moreover, insurance companies often appoint lawyers for the other party for free to oppose your claim. This further emphasizes the importance of getting your own lawyer to level the playing field.
Conclusion
Even if you were partially at fault for a car accident, a car accident lawyer can still help you navigate the legal process and maximize your compensation. Whether you are an AZ resident or in another state with a comparative negligence system, it's important to understand your options and rights after an accident.
Don't let the complexities of the legal system cloud your judgment or result in a lower settlement. A car accident lawyer can be a valuable resource in ensuring you receive the compensation you deserve.