If I’m Partly at Fault for my Car Accident, Can I Still File Suit?

Very rarely is there ever a clear cut “bad guy” in a car accident. Usually, both parties are partly at fault. Sure, one driver may be more at fault than the other. But rarely is one party completely innocent.

There are some situations where you can see that one driver is clearly at fault. Some examples of this include:

  • A car slams into you from behind at a traffic light
  • A car runs a red light and crashes into your car
  • A driver is drunk and loses control of his car

But usually, there are two sides to the story. Both drivers claim the other is at fault. Neither one thinks they should have to pay for the other party’s injuries. What do you do when this happens? Well, you call a car accident lawyer in Virginia Beach.

Car accident lawyers are used to handling cases where both drivers claim to be innocent. Your lawyer will work hard to prove that the other driver is indeed at fault.

Your Car Accident Lawyer in Virginia Beach Will Prove the Other Driver is at Fault

If you’re involved in a car accident, you’re going to have to prove the other driver was at fault. If you can’t, you probably won’t recover anything for your injuries. It’s your car accident lawyer’s job to put together a case for you.

In order to prove causation, your lawyer is going to need to rely on certain information. Some of this includes:

  • Police report – this report will describe the road conditions and accident scene. It will also include statements given to the police by the drivers. It can be used to piece together exactly what happened.
  • Witness Statements – people who saw the accident happen may have an opinion on how it happened. As long as the witnesses are unbiased, they can be pretty useful in proving fault.
  • Pictures – the drivers and the police will take pictures of the accident scene. These pictures can be helpful in proving who caused the accident.
  • Experts – Your lawyer can hire accident recreation specialists to testify. They can give an opinion on how the accident most likely took place.

Without this information, your lawyer has nothing to rely on other than your word. In he said, she said situation, your chances of recovery aren’t too good.

Can my Virginia Beach Car Accident Lawyer Help if I’m Found to be Partly at Fault?

In most states, being partly at fault isn’t a big problem. Most states allow you to recover as long as the other driver is more at fault than you are. In Virginia, the law is a lot different. Virginia follows a pure comparative negligence rule. This means that if you are at fault (even a little bit) you can’t file suit against the other party.

As we said earlier, in most car accidents, it’s very hard to prove that one driver was totally at fault. This means it’s even more important that your lawyer try to settle your case with the insurance company.

If the insurance company knows their client is mostly at fault for the accident, they may be willing to settle. Even the risk that you could possibly win in court may be enough to motivate them. However, if there is a lot of evidence pointing to a partial fault, you may have a hard time prevailing.

Contact an Auto Accident Lawyer in Virginia Beach

In a perfect world, you’d file a claim after your car accident and your claim would be paid. Unfortunately, we don’t live in a perfect world. If your case can’t be settled, it will have to go to court.

In Virginia, if you’re found to be partly at fault, you’re going to have a hard to win your case. The law is very clear in Virginia about this. Your lawyer will have to work hard to prove that the other driver is completely at fault.

Lawyers understand this. They are not intimidated by the insurance companies. They will try to get your case settled so you don’t have to go to court.

If you’ve been involved in a car accident, you need to contact an auto accident lawyer in Virginia Beach today. Call and schedule your initial consultation today. It is absolutely free and gives you a chance to have an experienced attorney review your case. And remember – you pay nothing until you settle your case.

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