What Happens if Both Drivers Are at Fault in an Accident?

If you have been seriously injured in a car accident, your entire life could be changed. When someone else contributes to the accident, they may be held accountable for their negligence in order to compensate you for the total value of your losses.

However, you may be unsure of how your claim will play out if both drivers are at fault in an accident.

Having an experienced Texas car accident lawyer from Zinda Law Group handling your case may be in your best interests if you hope to maximize the compensation you recover.

Sharing blame could have a profound impact on your settlement, so it is crucial that we are prepared accordingly. Here is more about what you could expect if both drivers share liability for a motor vehicle wreck.

It Is More Common than You Think for Both Drivers to Share Liability

It happens far more often than you might have thought for both involved drivers to share culpability for the accident. No one is perfect, and it often takes two parties to make mistakes to cause a collision. Fortunately, this should not have as significant an impact on your case as you may have expected.

If both parties share blame, they should be held accountable for their percentage of liability. The at-fault party will also be expected to cover their portion of damages. However, there is a chance that a civil claim could be brought against you or other involved parties.

The state you live in will determine how your insurance and civil claims are handled. As nationwide personal injury lawyers, there are numerous areas we serve.

For example, if your accident occurred in Texas, your car accident lawyer would begin the claims process by filing a claim against the liable party’s auto insurance policy, as Texas follows fault insurance laws under Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act.

However, if your accident happened in Utah, you might file a claim against your personal auto insurance policy since Utah follows no-fault insurance laws under Utah Code 31A-22-302.

Partial Fault Could Impact Your Injury Settlement

Partial fault will also determine how your settlement plays out. Sharing liability for the accident means you will not be entitled to 100% of your settlement, no matter which state you live in. However, every state has different laws in place that determine how contributory negligence impacts an injury victim’s claim.

Pure Comparative Negligence

Some states, including New Mexico and Arizona under N.M. Stat. §41-4-1 and ARS §12-2505 respectively, follow pure comparative negligence laws. In these states, sharing blame does not prevent you from being awarded a settlement or payout.

However, you will still be expected to take accountability for your percentage of liability, which is done by deducting your percentage of fault from your settlement.

Modified Comparative Negligence

Modified comparative negligence states are similar to pure comparative negligence states, except there is a limit to how much liability you can carry. In Texas, for example, under Tex. Civ. Pract. & Proc. Code §33.001, if you are more than 50% at fault, you lose the right to a payout entirely.

However, if you are less than 50% at fault, your percentage of blame is taken out of your award, the same way it would be if you lived in a pure comparative negligence state.

Pure Contributory Negligence

In pure contributory negligence states, such as Alabama, under Alabama Rules of Civil Procedure Rule 8(c), if you are partially at fault, you are not entitled to a settlement at all.

This is one of the most common defenses liable parties attempt to use in the hopes of avoiding their financial responsibilities. You will need a powerful legal advocate on your side to ensure culpability has been accurately determined in your case if you live in a state that follows pure contributory fault laws.

What to Expect from the Insurance Company

Dealing with the insurance company is a necessary evil. While the insurance company may not prioritize your best interests, your personal injury lawyer with the Zinda Law Group will. We understand how insurance companies process claims and are prepared to challenge them when they engage in bad-faith insurance tactics.

If multiple parties share liability for the accident, you can bet the insurance company is going to try to reduce your settlement. Since your payout will already be affected by the state’s partial fault law, the insurance company will likely attempt to capitalize on this as well.

Do not be surprised if the insurance company denies your claim or tries to convince you that you need to settle for substantially less than your damages are worth.

Never accept a settlement offer from the insurance company without first reviewing it with your lawyer. We will be able to recognize whether the settlement offer should be taken seriously. If not, we are prepared to continue negotiating with the insurance company until we receive a more reasonable offer.

The Risk of Subrogation

You also need to worry about the risk of subrogation. This occurs when the insurance company files a claim against us seeking compensation that they paid out due to an accident or damages that you caused.

Despite the fact that the insurance company is supposed to be responsible for covering damages, they will often attempt to recoup what they pay out by holding liable parties accountable.

If you receive a notice of subrogation, get a legal advocate on your side as soon as possible. You do not want to have a judgment taken out against you. We will do everything in our power to ensure the insurance company does not take advantage of you during this challenging time in your life.

Contact a Top-Rated Car Accident Lawyer to Get the Compensation You Deserve

Do not feel discouraged if both drivers share responsibility for the motor vehicle accident you were involved in. Partial fault does not necessarily mean you will not be entitled to compensation for your damages.

With the legal guidance and support of a reputable personal injury lawyer from Zinda Law Group, you can protect your anticipated settlement and ensure the other involved party is held accountable for their recklessness.

Having recovered over $300 million and counting for our clients, seen with our case results, you can feel confident in Zinda Law Group’s zealous legal advocacy.

We prioritize our client’s needs and will do everything possible to maximize your payout. Fill out our secured contact form or call our office to schedule your free, no-obligation consultation and get started on your claims as soon as today.