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Partially Liable for a Car Accident: Can You Win The Lawsuit?

Imagine this: You’re following Google Maps to reach a new destination. Suddenly the map asks you to turn left to get off the highway. To do that, you changed lanes without signaling. That’s when another car sideswiped you because they were speeding.

Therefore, both parties are partially liable: one for illegally changing lanes and the other for overspeeding. On average, liability claims in America peaked by 7% in 2023.

In your case, you can make claims and file a lawsuit. But that’s only if your state follows a comparative negligence system. Let’s learn more about partial liability cases.

What Is Partial Liability in Car Accidents?

According to the Frantz Law Group, partial liability means you’re partially to blame for the car accident. If proven, your total damage recovery will be reduced. However, the percentage will depend on what you’re deemed to have contributed when the car crash occurred.

Let’s take California, for example. This state follows a pure comparative fault system. That means both car accident victims can file a personal injury claim, regardless of how much you or the other party were responsible for the damages.

Perhaps you were driving down I-405 on the west side of Los Angeles. That’s where the accident occurred. In that case, you must find accident attorneys in Los Angeles to thoroughly investigate the claim and help determine the percentage of liability.

Finding the Right Car Accident Lawyer

Do you want to win this partial liability case? Then, you must find a capable attorney in the city where the car accident occurred. As of 2023, there were more than 48,300 personal injury lawyers in America. 

That means you’ll find an experienced legal professional in every American state. Let’s say your accident happened in Los Angeles, California. In that case, you must find the right law firm before hiring an attorney who passed the California Bar Exam. 

With their help, you can navigate the complexities of filing a car accident claim in the Golden State. It will ensure you get fair compensation for the losses. Here’s what you should look for:

  • The legal representative should have extensive experience in partial liability cases and a proven track record of success with car accident cases.
  • This attorney should help you negotiate with the defendant’s insurance companies and gather evidence while representing you in court.
  • A personal injury lawyer who understands state law, insurance tactics to devalue claims, statutes of limitations, and more.

Understanding the Negligence Standards

Industry leaders state that negligence means the failure to behave with reasonable care under any circumstance. For instance, in a partial liability case, legal representatives will determine the negligence standards that impact how damages are awarded. 

These include the following:

  • Contributory Negligence: It bars recovery if the plaintiff is slightly at fault. States like Alabama, Maryland, Virginia, and North Carolina follow this.
  • Pure Comparative Negligence: States like New York and California follow this, allowing recovery, irrespective of the fault percentage. However, damages will be reduced proportionally.
  • Modified Comparative Negligence: Followed by most American states, it permits recovery if the plaintiff has a fault threshold below 50% to 51%. Damages will hence be adjusted accordingly to balance accountability with fairness.

Legal Strategies and Considerations to Win a Partial Liability Case

According to Forbes, there’s no typical standard for car-related personal injury cases. That means your payouts will depend on factors like state law, liability, extent of damages, type of insurance, and more.

On average, the claim can be USD 6,500 for property damage and USD 26,500 for bodily injuries. NHTSA reported a decrease in traffic accident fatalities in 2024.

When you’re partially at fault for a car accident, the lawsuit requires a strategic legal approach. To minimize your fault percentage and easily maximize compensation, the attorney will follow these tips:

  • Challenge fault determination by gathering dashcam footage, accident reconstruction reports, and witness statements. It’ll help counter shared fault claims.
  • Leverage negligence laws in your state and try to prove the defendant’s majority fault. Also, emphasize minimizing fault to avoid dismissal.
  • Use expert testimony to clarify causation and demonstrate how both the plaintiff's and defendant's actions contributed to the car accident. Focus on partial liability theory, where damages reflect a proportional role.
  • Disrupt lowball settlements by presenting compelling evidence. Seek early rulings to isolate any fault dispute during trial processes.

Example: Provide the other driver’s violations like speeding, failure to yield, etc. You can also highlight technical issues with Google Maps in your case.

All in all, you can win a partial liability case with the right tactics. Hire a personal injury lawyer to go through state-specific laws, negotiate with insurers, deploy legal strategies, and more.

With their help, you can understand negligence laws and gather strong evidence, letting you use strategic legal tactics. As a result, you can contest fault and secure fair compensation.

Needless to say, a car accident attorney will fight on your behalf and get you justice, even if you’re partially at fault.

author

Chris Bates

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