There are car accidents every day. When they do, determining who is at fault is significant for insurance claims and legal proceedings. This is where comparative fault comes in. This blog explains the comparative fault and how it influences car accident cases and cases by Des Moines car accident lawyer.
What is Comparative Fault?
Understanding your rights regarding comparative fault is helpful anytime you have been involved in an accident and face questions about who or what caused the event. No one can be blamed; instead of applying comparative fault, one realizes that more than one person can be at fault.
So, if two drivers crash in the middle of an intersection, one might claim speed while the other claims his light was still green. The consequences of their actions led to the wreck. Under the theory of comparative fault, each driver is apportioned a percentage of fault. How much compensation they can claim will depend on this percentage.
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There are two basic types of comparative fault systems:
- Pure Comparative Fault: You may recover damages even if you are more at fault. However, your payment will be reduced by the specified percentage of your mistake. So, for example, if you are awarded $10,000 worth of damages but are found to be 70% at fault, you will only receive $3,000.
- Comparative Fault and Modified Comparative Fault: This comparative fault system is set up as a bar for recovery. Normally, it can be 50% or up to 51%. You can’t recover more than 51%.
How Can an Attorney Help?
An attorney comes with their experience and expertise, which makes a complex case of handling an accident easier. Here are the following ways how they help:
- The Place of Accident: The lawyers will investigate how and why the accident occurred. If it is a DUI case, they will use accident reconstructionists to reconstruct the accident scene and examine police reports and witness statements.
- Settling Down With Insurance Companies: Insurance companies always seek to negotiate and settle at the lowest claim. An attorney will know how to give you the most benefit monetarily.
- Proving Liability: Proving liability in a court is crucial. A lawyer will construct a compelling case to show the other party’s fault. They will present your case in arguments and use evidence and expert depositions.
- Legal Proceedings: Legal cases can be complex and time-consuming. An attorney can handle paperwork, court filings, and all procedural requirements that must be completed correctly and promptly.
- Settlement Offers: A lawyer will support you in determining whether the settlement is reasonable and appropriate for your well-being. If need be, they will even talk the price down.
- Investigating the Evidence: Police, insurance companies, and, in some cases, independent experts investigate pieces of evidence about an accident to determine fault. It may include traffic camera footage or testimony from witnesses; maybe a computer model recreating the accident is generated.
- Fault Assignment: The actions of each party involved before the accident are reviewed, and a percentage breakdown is created. This process can be controversial and often requires persistence.
- Damages Calculation: Compensation is calculated when fault percentages are allocated.
Conclusion
To conclude, the basic idea of comparative fault is one that anyone involved in a car accident should appreciate. The concept generally states that more than one party can be responsible and how damages are awarded. Because of this, comparative fault cases are difficult to navigate; however, an experienced attorney will get the job done right.
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