Sometimes, car crash compensation claims are simple. It is clear to everyone present that one party is at fault. Those affected by the crash may be able to file insurance claims or even lawsuits to cover property damage expenses and medical costs. If the party at fault for the crash does not have adequate insurance coverage, legal action may be necessary.
Other times, the circumstances of the crash may be relatively complex. Perhaps a driver ends up involved in a multi-vehicle collision, or maybe they recognize that they made a minor mistake in traffic immediately before the wreck. When the allocation of fault is not a black-and-white matter but rather a shade of gray, those in need of collision compensation may have questions about their rights.
Do minor traffic violations and mistakes leave people without the right to request compensation after a crash?
The law accounts for partial fault
When one party is fully at fault for a collision, that party is typically liable for all of the losses generated by the wreck. In cases where more than one party contributed to the crash, the courts may need to review the situation carefully.
State statutes include pure comparative fault rules. Even those partially at fault for a car crash can sometimes hold others responsible for their losses. The courts can determine what percentage of fault each party involved in the collision actually had for the wreck.
A driver who is 25% responsible for a crash can file a lawsuit against the driver who bears 75% of the responsibility for the wreck. They have the same basic legal rights and protections as those who do not have any responsibility for a crash.
The only difference is the amount of compensation they ultimately receive. The courts follow the same procedure as usual to determine the total damages. However, the plaintiff receives a reduced amount of compensation based on their personal degree of fault.
Reviewing car crash circumstances with an attorney can help people understand their rights and evaluate whether taking legal action is worthwhile. Even those who make minor traffic mistakes may have the option of requesting compensation from the driver who is primarily to blame for a recent motor vehicle collision.