What happens if I have partial fault in a car accident?

If you were recently injured in a partial fault car accident, you may be wondering how your case may be affected. Will you still have the right to compensation for your damages? Will you be prohibited from moving forward with your claim? 

With help from an experienced Lafayette car accident lawyer, you can demand the compensation you are owed when another party is primarily at fault. Louisiana shared liability laws are some of the most victim-friendly across the country. Our team will ensure liability is evaluated correctly in your case so the liable party compensates you fairly for your damages and suffering.

Louisiana law regarding shared faul

Louisiana follows pure comparative negligence laws. Here, if you share partial blame for the accident you are involved in, your settlement will be reduced proportionately. In the states that follow modified comparative negligence laws, you can only share up to the state’s threshold for liability without losing your opportunity to move forward with your claim. In states that follow pure contributory negligence laws, if you share blame for the accident at all, you no longer have the right to compensation for your damages. 

Fortunately, Louisiana protects injury victims and does not put a limit on how much blame you can carry while recovering compensation for your damages. However, expect your settlement to reflect a shared fault deduction accordingly.

Common ways car accident victims share liability

Car accident victims are often accused of sharing liability. Some of the most common reasons the defense argues the victim is partially at fault include:

  • Speeding
  • Following too closely
  • Road rage
  • Distracted driving
  • Failure to wear a seatbelt
  • Failure to yield to the right of way

What to expect in your partial blame car insurance claim

Since the defense and insurance company are likely to blame you for causing the accident anyway, it is important to be prepared. When you file a partial blame car accident claim, you can expect the insurance company to push back. Initially, the insurer may refuse to compensate you at all. 

However, once you have your Lafayette car accident attorney step in and renegotiate, the insurance company will have no other choice but to handle your claim fairly. If your settlement is going to be reduced, it must only be reduced by the percentage of blame you carry. For example, if you were not wearing a seatbelt at the time of the collision, you might be 10% at fault for your injuries. The most that could be deducted from your settlement would then be 10%. 

The insurance company will still go to great lengths to reduce their financial obligations. Do not be surprised if the insurer misrepresents the policy terms or tries to deny your claim unreasonably. Your personal injury lawyer will be ready to hold them accountable to the fullest extent of the law. If necessary, we will be prepared to move forward with a bad-faith insurance claim.

Get help from a Lafayette car accident lawyer today

Partial liability accidents do not prevent you from being able to recover compensation for the portion of the accident that is not your fault. Louisiana’s pure comparative negligence laws make it possible for anyone who shares liability to receive the settlement they are entitled to. 

When you have a dedicated Lafayette car accident attorney on your case, you can heal from your injuries without having to worry about the at-fault party attempting to take advantage of you during one of the most challenging times in your life. Fill out our quick contact form or call our office to schedule your 100% free, no-obligation consultation today.

Have more

Let us help you