Most people are aware that if you get injured in a car accident caused by someone else, you could be entitled to pursue financial compensation for your medical expenses, damaged property, and other losses from the at-fault driver’s insurance company. But, what happens when you cause the accident?
Whether you failed to yield, were speeding, or were distracted, knowing that you caused a car accident, especially one resulting in injuries, can be just as frightening and overwhelming as if you were the victim.
There may, however, still be a way for you to avoid financial fallout.
You may think that car accident attorneys only work with car accident victims, but there are ways an experienced lawyer can help you even if you think you are at fault for an accident. Either way, the situation always merits a discussion with a qualified personal injury law firm that routinely handles car accident cases.
Local Accident Reports works with affiliate personal injury law firms across the country that share our dedication and client-focused approach to personal injury cases. No matter where your accident took place, we can help. Call us today to schedule your free consultation with one of our nationwide car accident lawyers.
What Happens When I Am At Fault For a Car Accident?
When you are the driver determined to be at fault for a car accident, depending on the state you are located in, you are usually going to be liable for the other driver’s damages as well as the damages of anyone else injured in the collision. This means you are responsible for covering medical expenses, lost wages, and other losses. It is important to keep in mind that, depending on where your accident took place if you are only partially at fault, you may still be entitled to collect compensation for your own damages. In order to fully understand your rights and responsibilities after a car accident, you need to speak with an experienced car accident attorney in your state right away.
What Should I Do After a Car Accident I May Have Caused?
If you suspect that you just caused an accident, keep calm. There are a few important things you need to do (and not do) after a car crash, regardless of who was at fault. While you may feel you are at fault, the legal perspective may differ, so you should be careful what actions you take to avoid admitting fault in the event the fault actually lies with someone else or is shared between you.
To begin with, under no circumstances should you ever leave the accident scene. Each state has its own laws about stopping after an accident, staying at the scene, and rendering aid. Drivers who flee the scene in an attempt to avoid the consequences of their actions could face citations and even criminal charges for a hit-and-run.
Regardless of the severity of the crash, you should immediately notify local law enforcement so they can dispatch an officer to your location.
Be courteous and polite, but keep communication to a bare minimum. Establish if anyone is injured and give the other driver(s) your basic information. Wait quietly and calmly for responding officers and medics. Do your best to keep your composure, even if someone else involved in the crash is being loud or aggressive.
When officers arrive, be considerate. One of their duties is to file a police accident report. In order to do so, they need to ask questions and assess any vehicle damage. When asked, provide them with a short, no-frills statement about how the collision occurred. For example, you may say that your vehicle and the other vehicle collided in the intersection. Do not add extraneous details, such as if you were on your phone or looking for something in the glove compartment. Remember, anything you say can be used against you.
If you are injured, seek immediate medical attention. It is essential to get the care you need as soon as possible to minimize complications along with your recovery time. Your medical records will also act as proof of the severity of your injuries and your crash-related expenses.
When you are able to do so, you need to call your insurance company and report the accident. Once again, let them know that an accident has taken place and provide them with the basic details. Do not offer any information that is surplus to requirements.
Next, reach out to an experienced car accident attorney. Why, you ask? Most people are unaware of how an attorney can assist them after a car accident they think they caused. Having a skilled lawyer review the circumstances of your car accident can provide insight into legal options you otherwise would not have known about.
What if I Was Only Partly at Fault?
This is the primary reason you should always let an experienced car accident lawyer evaluate your situation. They might be able to find a way for you to pursue financial recovery even if you share in liability for the incident. They can even perform an independent investigation and gather and review evidence to establish liability.
Whether or not you can still seek compensation if you are partially at fault for an accident will depend on the state in which it occurred.
A lawyer licensed in your state can tell you what to expect, but the various laws for traffic accident liability are:
Pure Contributory Negligence
This is the strictest of all negligence doctrines. States that adhere to the laws of pure contributory negligence prohibit parties involved in the crash from recovering any financial compensation if they were so much as 0.01% at fault. In other words, if both drivers contributed to the accident to any degree, neither will be eligible to collect compensation.
The states that follow pure contributory negligence are:
- Maryland
- Virginia
- North Carolina
- Alabama
Pure Comparative Fault
According to pure comparative fault laws, victims may pursue financial recovery for partial damages even if they were 99% to blame. Drivers who are partly liable will always be eligible to bring a claim, provided they were not 100% liable.
The states that follow pure comparative fault are:
- Washington
- Rhode Island
- New York
- New Mexico
- Missouri
- Mississippi
- Louisiana
- Kentucky
- Florida
- California
- Arizona
- Alaska
Modified Comparative Fault
The most common negligence law is that of modified comparative fault. This doctrine allows partly liable drivers to pursue financial compensation for their damages, but only if their portion of fault is less than the other party’s. Some states bar recovery if a driver is 50% at fault, while others bar recovery at 51%.
Every other state not previously listed adheres to some form of modified comparative fault. States that set the limit at 50% are:
- Arkansas
- Colorado
- Georgia
- Idaho
- Kansas
- Maine
- Nebraska
- North Dakota
- Tennessee
- Utah
States that set the fault limit at 51% are:
- Connecticut
- Delaware
- Hawaii
- Illinois
- Indiana
- Iowa
- Massachusetts
- Michigan
- Minnesota
- Montana
- New Hampshire
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- Texas
- Vermont
- West Virginia
- Wisconsin
- Wyoming
So, how does this apply to you? Well, if you live in a modified or pure comparative fault state, legal redress may be available.
It is important to understand that since you contributed to your accident, your recovery will be reduced by your overall percentage of fault. For example, if you were found 30% at fault and sustained $20,000 in damages, you would still be eligible to recover $6,000. A jury or insurance company will determine how much fault is ascribed to each driver.
Understanding proportionate liability laws is extremely important because they can make a world of difference to a driver who may have been somewhat negligent but still deserves financial compensation. A car accident attorney can explain which fault laws apply to your situation and advise you on what to do next in order to maximize your chances of recovery.
Your Auto Insurance Coverage
If you cause a traffic accident, it is vital to understand how your auto insurance coverage works. Once again, this will depend on the state in which your car accident took place.
No-Fault Auto Insurance States
A dozen states have no-fault insurance laws. In these states, you file a claim with your own insurer after an accident, whether you were at fault or not.
No-fault insurance provides coverage for your medical expenses and lost earnings, whether you were 0% or 100% responsible for the accident.
The 12 no-fault insurance states are:
- Utah
- Pennsylvania
- North Dakota
- New York
- New Jersey
- Minnesota
- Michigan
- Massachusetts
- Kentucky
- Kansas
- Hawaii
- Florida
Fault-based Auto Insurance States
Following a car accident in a fault-based state, you file a claim with the at-fault driver’s insurer. Their auto insurance policy provides coverage for medical bills and other damages. If the insurance carrier claims you were partly at fault, they will use that to justify reducing your settlement. It is up to your lawyer to prove that you were not liable for the crash or to minimize your percentage of fault as much as possible.
Personal Injury Protection Insurance
Drivers in no-fault insurance states are required to carry personal injury protection coverage. Some fault-based insurance states also require insurance carriers to offer this coverage to drivers. In these states, if a driver wishes to decline PIP coverage, they have to do so in writing.
If you are found 100% liable for an accident, or more than 50% or 51% in modified comparative fault states, your personal injury protection insurance can be invaluable. PIP coverage does not take fault into account, and victims are eligible to pursue damages for medical care and lost income up to their policy limits.
Talk to a Nationwide Car Accident Lawyer
Any kind of car accident can leave you worried and unsure of what to do. The situation can be even more stressful if you think you may have been at fault. In order to ensure you know and fully understand your rights and all potential avenues for financial recovery, it is essential to speak with a qualified car accident attorney as soon as possible.
At Local Accident Reports, we understand where our clients are coming from and what they have been through. That is why we offer a free, no-obligation consultation to review your case and discuss your legal options. Call us to schedule your free consultation with one of our experienced nationwide car accident lawyers today.
