The Impact Of Partial Fault In Car Accidents On Personal Injury Claims
In cases where you are partially at fault for the accident, there are certain exceptions that may still allow you to pursue a personal injury claim. The law states that if the other driver’s actions were reckless, willful, or intentional, it could override your contributory negligence.
For instance, if you failed to stop at a stop sign, but the other driver was traveling at 120 mph and collided with you, their actions could be considered reckless, and you might still be entitled to compensation. Additionally, if the other driver was driving under the influence or intoxicated, it could also help overcome your negligence, provided your negligence is relatively small compared to the other party’s.
Communication And Information Exchange With The Other Driver
When it comes to interacting with the other driver involved in the accident, it is important to:
- Ensure they are okay and ask if they need assistance.
- Inquire why they didn’t see you or what happened from their perspective.
- Exchange necessary information, such as contact and insurance details.
However, avoid volunteering information about your actions or admitting fault. Wait for the police to arrive and let them handle the situation. If the other driver admits to being distracted or using their phone during the accident, take note of this information, as it may help strengthen your claim later on.
Calling The Police And Giving Statements
It is crucial to call emergency services in the event of an accident, regardless of the severity or whether injuries are immediately apparent. Sometimes, injuries become more evident after the adrenaline subsides, and having an accident report created by the police will be beneficial for your personal injury claim. What’s more, it’s very helpful to have emergency medical services at the scene to evaluate you and, if necessary, take you to the hospital by ambulance. Remember, you should avoid readily admitting fault — but when giving statements to the police and medical professionals, do your best to be honest and provide accurate information.
For more information on Partial Fault In An Auto-Accident Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (919) 999-4462 today.