What Happens If An Accident Was Partly My Fault?
Vehicle drivers are required to carry car insurance as protection in case of an accident. An accident may be caused by one driver alone, but sometimes more than one driver is to blame. Many people wonder, what happens if an accident was partly my fault? Arizona law utilizes the pure comparative negligence rule, so both parties are responsible for their contribution to the fault of the accident. The first step is to determine fault for the crash.
Understanding Comparative Fault Laws in Arizona
Comparative fault means that both parties will be assigned a percentage of fault for the accident. Both parties may be responsible for the accident. A determination must be made as to who caused or contributed to the accident. For example, one party may be found to be 60 percent at fault, while the other party is 40 percent at fault.
Assignment of Comparative Fault in Accidents
Determination of the cause of an accident is necessary in order to assign fault to the parties involved. Information can be gathered from various sources – including police reports, witness statements, video surveillance, and driver accounts – in order to determine the cause of the accident. In some instances, crash reconstruction may be helpful in finding out exactly how the accident occurred. If both parties were negligent, an assignment of fault will be made to each party.
Do Not Admit Guilt after an Accident
Immediately after an accident you may be shook up, or even in shock. You will need to make a statement to the police regarding how the accident occurred. Remember that you are not an accident expert, and it is likely too early to know exactly what happened. Many facts may be revealed later that may indicate the cause of the crash. Avoid apologizing for the accident, and do not admit guilt. These statements may be used against you later, and may hurt your case.
Discuss Your Case with an Attorney
Personal injury cases can be very complicated. Not all accidents warrant legal action, however, many do. If you suffered damages because of an accident, you may be entitled to compensation, even if the accident was partially your own fault. Certainly, if you were seriously hurt, or had extensive medical costs because of your injuries, you should discuss the case with a qualified personal injury lawyer.
Contact the experienced personal injury attorneys at Udall Shumway PLC to set up a consultation to talk about your accident.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding An Accident Was Partly My Fault, or other personal injury matters, call 480.461.5300. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
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