What If I Am Partly Responsible For An Accident?

What If I Am Partly Responsible For An Accident?

August 13, 2021 Off By Glespynorson

It is reported that a traffic incident happens every minute of every day. This worrying statistic does not take into account the gravity of injuries and fatalities that occur. Making sense of the facts surrounding any major traffic accident can be challenging. An accidents law firm that specializes in such matters can become a convenience.

You may bear some responsibility for the accident. Such a scenario constitutes contributory negligence. Most people’s first reaction is to come clean and own up to the accident.

Always seek legal advice from a personal injury lawyer before committing to any course of action. Contact a lawyer immediately after the accident.

Contributory Negligence

Contributory negligence is the legal term used to refer to incidents when an individual bears some blame for an accident or a mishap. This definition also extends to include actions (or lack thereof) that seem to defy common sense and prudence.

The vast majority of personal injury cases are cut and dried; an explicit course of action leads to an accident that causes injury or death. However, when contributory negligence comes into play, establishing the facts can prove challenging. If both parties are partly to blame for an accident, proving culpability can become complicated. In such cases, securing compensatory damages will depend on providing irrefutable proof of innocence from the plaintiff.

A court can review evidence of a case and may assign percentages to represent the degree of culpability. If a plaintiff causes 30% of the accident, then such a plaintiff will receive 70% of the damages. A similar scenario will apply if the court finds a plaintiff culpable to a 50% degree. Different jurisdictions may have varied interpretations of this concept.

Accurately apportioning the right degree of blame to either party is a very tedious and complicated process. This is why a personal injury lawyer is essential to any such legal proceedings.

What’s Involved In Petitioning For A Settlement Concerning Contributory Negligence?

The process of filing a claim to get compensation in a personal injury case is very similar to other cases where settlements are involved. However, a few additional requirements come into play.

To successfully win your contributory negligence case, you need to provide strong evidence to corroborate your version of events. Photographs of the crime scene and reliable witness statements are typically enough. Additionally, photographs clearly showing the severity of your injuries are very useful too. Witness statements can have a demonstrable bearing on the outcome of your claim, assuming those witnesses were bystanders at the time of the accident.

Needless to reiterate, coordinating all the facets of the case and streamlining them is a complicated task. This is why the services of a personal injury lawyer are essential.

Getting compensation (and justice) may seem straightforward if you believe your negligence was minor. Starting the settlement procedure without proper legal advice may severely hamper your chances of receiving a fair settlement.

Contributory negligence can introduce an added element of uncertainty to your case. A personal injury lawyer with years of experience can help to navigate these treacherous legal waters. The lawyer will be able to properly file the paperwork; he will endeavor to build a strong case in your favor. This case should clearly emphasize your role in the immediate events leading up to the accident.

Fault Determination After an Accident: What You Should Know -  InsuranceHotline.com

An often neglected aspect of such cases is the extent of injuries suffered and their effects. Assuming you’ve sustained life-threatening injuries, you may not be physically capable of following up on the whole process of filing a claim. Doctors may confine you to a bed for months. Most injury claims have a specific period during which you must file all claims. A highly skilled personal injury lawyer can ease this burden by thoroughly handling all aspects of your claim.

‘No Win No Fee’ Arrangement

Most claims involving accidents that cause serious injury or death tend to stretch for long periods. Usually, when a victim decides to seek legal assistance from a personal injury attorney, the victims are already in a precarious financial situation. Making an initial payment for attorney fees is not practical. Most established personal injury attorneys are well aware of this fact; therefore, they choose to waive fee payment. This waiver is contingent upon the official outcome of the claim. If the claim clears, then your attorney can claim payment. This payment is usually an agreed-upon percentage of the settlement. If the claim is rejected, the attorney does not receive payment for his services.

However, ensure to get clarity about additional costs. Expert witnesses may need to give testimony in your case. Such expertise is costly to hire. Your attorney may expect you to cover such costs. Ensure to have a binding agreement that clearly outlines such finer details.

Such an arrangement is highly advantageous to the plaintiff; you get the full benefits of the attorney’s expertise and efforts upfront, at no cost to you.

Case Study: Injury In Soccer

Soccer being a contact sport tends to encourage a lot of injuries, some of which can end a player’s career.

Players in the past have sued other players and the clubs those players represented. Such lawsuits allege a breach of duty on the offending player’s part. The player’s employer ( the club)  can also find itself in such legal battles.

Breach Of Duty

This is an instance where a player causes serious injury to another play. Such an act can constitute negligence, much like negligence in a motor vehicle accident. In such scenarios, the authorities find the player guilty of a breach of duty. A breach of duty is defined as a failure to exercise sound judgment in a scenario where acceptable standards exist.

Middlesbrough FC, a soccer club, was sued for breach of duty. Their player caused a knee injury to an opponent, resulting in the end of the opponent’s playing career.

The injured opponent hired a personal injury attorney to pursue legal action against the perpetrator of the injury and the club.