Car accident cases are very complex and they become even more complicated when it's not clear which party is at fault. Oftentimes, both sides make mistakes that contribute to the car accident. How this situation is handled depends on the state where the accident occurred. 

How Liability Works

Liability is a common word used in civil cases. It refers to a situation where a party had a duty of care, breached the duty of care, and injuries occurred as a result. Liability is important because a plaintiff must prove that the defendant was liable in most civil cases. 

Car Accidents in No-Fault States

If you reside in a no-fault state, liability is not even a factor that is taken into consideration. Instead, you will simply file a claim with your auto insurance provider. They will then compensate you for the damages you have suffered as a result of the accident based on your insurance coverage. For example, if you have medical coverage, your insurance provider will pay for injuries you have suffered resulting from the accident. Otherwise, you will file a claim with your health insurance provider.

How Car Accidents are Handled By At-Fault Insurance Providers

In other states, only one party can be considered at fault and it's possible to file a lawsuit or settle with the at-fault party. However, in the majority of states, comparative negligence comes into play.

Comparative negligence is a legal concept where each party might be considered partially at fault. For example, both you and the other driver might have been speeding at the time of the accident. At that point, the goal is to determine the percentage of blame that each party then needs to be assigned. 

When to Hire a Lawyer

The other at-fault party will likely hire a lawyer and will try to reduce the extent to which they can be considered a fault. For example, they will argue that there were actions you could have taken that would have prevented the accident. They might also argue that your actions were more to blame for the accident than the other party.

For example, if you were driving faster than the other party, you may be considered more at fault than a motorist who is only going a few miles over the speed limit. Therefore, you will also want to hire an attorney so that you can maximize your chance of receiving full compensation.

To learn more, reach out to an auto accident attorney.