What to do if I was partially at fault
If you are in an accident where you were partially at fault, treat the accident as any other. Make sure you check for injuries, remove vehicles (if possible) from the roadway, exchange insurance information with the other driver(s), and get each other’s contact information. You only need to alert police about the accident if someone was injured or killed, the cars cannot be moved to safety, a driver is intoxicated, a driver doesn’t have insurance, or if someone flees the scene. That last is important to consider if you find yourself at least partially at fault – do not leave out of guilt; you still have options.
You may receive damages if you are less than 50% at fault in an accident. This is called the comparative negligence rule. This determination may be made by your insurance company or by a court of law. If you think you may qualify for damages under this rule, it is in your best interest to seek the help of a lawyer to make sure your case is handled fairly and that you receive your just compensation under this rule. (Source: Insurify)
If your case does go to trial, a jury will determine the total dollar amount of the damages and what percentage of fault belongs to each party. Although calculated based on the facts of the case, this determination can still be somewhat subjective, which is another reason to hire a lawyer if you find yourself in this situation to ensure that all the facts are brought to the case after a thorough investigation. (Source: Nolo)
What not to do
- Do not claim fault at the time of the accident, as your admission could affect how your accident is reported and assessed.
- Do not leave the scene of the accident until all information has been exchanged, and in case of drunk drivers, injured, or an uninsured party, wait for the police to arrive.
- Do not try to create a cover story. Lay out the facts as unbiasedly as possible.
- Do not delay filing a claim. You have two years in Texas to file a lawsuit after an accident, and the clock starts ticking from the moment the accident occurred.
- Do not delay seeking out a lawyer if you feel your case is complicated by being partially at fault. Your lawyer will also need to conduct an investigation, which can be harder to do as time goes on.
- Sources: Insurify and HG.org
How we can help
Partially at fault accidents can become complicated and should not be handled on your own. Our skilled lawyers can conduct investigations and help ensure that you are given the compensation you deserve. Do not try to handle these cases on your own, as many complicated factors may be at play. Reach out to our offices today if you believe you were involved in a partially at fault accident.