Getting Through Your Divorce and on With Your Life

Getting Through Your Divorce and on With Your Life

Shared Fault And Auto Accidents: What To Know

Celina Henry

Being involved in an auto accident can come as a shock, but sooner or later, the question of fault arises. Who made the mistake that left you hurt and with a wrecked car? The question of fault might not matter in some states that take a "no-fault" view of insurance and accidents. In other places, however, the issue of fault will determine whether or not you can recover financial damages. Read on to learn more about this important facet of your car accident claim.

When Fault Is Undisputed

Some auto accident situations call for a quick and simple placement of fault. In all but the rarest of cases, for example, the driver who rear-ends you is at fault. Drivers are expected to pay close attention to the pace and the stop-and-go nature of traffic. You cannot control what the driver behind you does, in most cases.

When Fault Is Shared

Unfortunately, not all accidents are as easily resolved. The presence of other drivers and eyewitnesses can help decide fault when the drivers disagree about who caused the accident. Law enforcement personnel on the scene may attempt to determine fault by questioning the drivers and any witnesses and the results of that quick investigation will appear in the accident report. Often, however, the drivers provide conflicting information about the accident. For example:

Driver A contends that they had the right-of-way at an intersection and was hit from the side by Driver B. Driver B contends that they did not see the other driver because their headlights were not on and it was very dark. This might be one of many examples of both drivers sharing fault.

How Shared Fault Is Divided

If it appears that both sides may be partially to blame for the accident, the insurance company will conduct an investigation to determine the percentages of shared fault. This is an important point since the driver that ends up with the greater percentage of fault will have to pay the damages. The investigation will review:

  • The damage to the vehicles. The location and degree of damage can indicate who was driving faster, the directions of travel, etc.
  • Any camera footage from the intersection or a nearby home or business.
  • Statements from the drivers, other vehicle occupants, and any witnesses.

Take Action and Protect Your Interests

Once you exchange insurance information at the scene, never speak to anyone about the accident except your personal injury attorney. If you don't agree with the findings of the insurance investigation, don't sign a release. Speak to your attorney about taking your case to court.


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Getting Through Your Divorce and on With Your Life

Going through a divorce? I know how you might feel – alone, stressed out, and probably even a little sad due to the loss of the life you have always known. Whether you have children or not, you might even feel a little guilty about the break down of your relationship. But I'm here to tell you that a divorce is not the end of the world. In fact, once you get used to the idea and start to move on with your life, you may find just as much, if not more, happiness than you ever had while you were married! Getting through the proceedings of your divorce in a dignified manner is the first step, and hopefully this website will give you the insight, support, and motivation you need to get through the process as painlessly as possible.