There are more than six million car accidents in the United States each year. They result in many damages, injuries, and unfortunately, fatalities. With this in mind, the question that often arises after an accident takes place is “Who will pay for my treatment?” This is a valid question that does not typically have a black and white answer. Many states adhere to comparative fault laws in which there is a percentage of fault given to each party involved in the accident. In some cases, that percentage could be split equally, in others, it could be found that one party is responsible for 100% of the accident. Determining fault is not always easy. Even if you are absolutely sure that the fault lies with the other party, it will take the expertise of an experienced attorney to prove this in court. This is why the attorneys at Hipskind & McAninch, LLC recommend that you contact a car accident attorney within minutes of a car accident (if possible).
Fault in a Car Accident
There are clear traffic laws on the books in each state. However, determining fault is not always quite as clear. Typically, if a driver has broken the law in a way that causes an accident, they can be found to be at fault. Some of the reasons that a driver or their insurance can be held liable to pay for damages and/or treatments include:
- Speeding
- Making an illegal left-hand turn
- Driving recklessly
- Neglecting to use a turn signal
- Not paying attention to posted street signs
- Distracted driving
- Driving under the influence
Though the aforementioned infractions are clear indications that they deserve some of the blame, there are other instances in which both drivers involved in an accident could share fault.
What is Comparative Fault?
Most states have comparative fault laws. This means that when an accident occurs, the fault is divided between all parties involved. For instance, you may have been hit while making a legal left-hand turn, however, you may have also been speeding at the same time. It is important to understand that the percentage of fault placed will have a direct impact on who pays the medical bills. If you are found to be 40% at fault, you will be responsible for paying 40% of your damages and treatment costs as well as 40% of the other person’s costs. Car accident attorneys recommend that you never admit fault while on the scene of an accident. In addition, collect as much evidence as you can and contact a knowledgeable attorney as soon as possible.
How a Car Accident Attorney Can Help You
Working with an experienced car accident attorney can help to alleviate a lot of pressure on the person(s) involved in a car accident. They can help with conducting independent investigations, collecting and preserving evidence, talking to eyewitnesses, etc. Ultimately, the goal is to ensure that you are compensated for your injuries, property damages, and future issues that may arise as a result of an accident. Furthermore, car accident attorneys can advise you on negotiations with insurance companies. In many cases, insurers will seek to settle the case before it goes to court. Unfortunately, their first offer is usually not the best offer. Your attorney can help you to discern when it is best to accept an offer and when it may serve you better to pursue litigation. If you have been in a car accident, do not wait to contact an attorney. The sooner that you do, the faster they can get started on getting you the compensation that you deserve.
