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If both drivers are found to share fault in a car accident, what happens next can differ based on where the accident occurred and the details of what led to the accident.
Resolving a car accident case where both parties are at fault may involve negotiations between the insurance companies, settlement discussions between the parties, or legal proceedings if an agreement cannot be reached.
Whether your car accident occurred in DC, Maryland, or Virginia, consult with our qualified car accident attorneys who know the local laws and regulations where the accident happened. They can help you understand how these rules apply to your situation.
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Fault in a car accident is usually determined by investigating various factors surrounding the collision:
Police Report: If the police respond to the accident scene, they’ll document their findings in an accident report. This report often includes their assessment of who was at fault based on witness statements, physical evidence, and their observations.
Eyewitness Accounts: Statements from eyewitnesses who saw the accident can provide valuable insight into what happened and who may be at fault. Their testimony helps reconstruct the events leading up to the collision.
Physical Evidence: Auto accident evidence such as skid marks, vehicle damage, and the positioning of the vehicles after the accident can help reconstruct the sequence of events and determine fault. Photographs of the scene and the vehicles involved are often taken to document this evidence.
Traffic Laws: Traffic laws and regulations play a significant role in determining fault. Violations such as running a red light, speeding, failure to yield, improper lane changes, and distracted driving can contribute to determining fault.
Driver Statements: Statements provided by the drivers involved in the accident are also considered. However, these statements may be biased or inaccurate, so they are typically weighed against other evidence.
Expert Analysis: In complex cases, experts such as accident reconstruction specialists may be consulted to analyze the evidence and provide insights into how the accident occurred and who may be at fault.
Insurance Company Investigations: Insurance companies conduct investigations to determine fault based on available evidence. They may consider policy coverage, liability limits, and state laws governing fault.
“At-fault” and “no-fault” laws refer to how responsibility and compensation are determined after a collision.
Maryland, and Virginia all follow an “at-fault” system for car accidents. This means the at-fault driver determined to have caused the accident is responsible for covering the damagesm compensating the injured party. This differs from a no-fault state, in which car accident victims file a claim with their insurance company, regardless of who was at fault for the car accident.
Car accident victims in Maryland and Virginia will file a personal injury case against the at-fault driver and the driver’s insurance company. Once the claim is filed, the injured party will work to prove the other driver’s negligence caused the car accident and subsequent injuries that led to significant losses.
Washington, DC, follows the “no-fault” law. This means that the injured person’s car insurance covers their medical expenses, no matter who caused the accident. Each driver files a claim with their own insurance company. When filing a claim, it’s a good idea to speak with a Washington, DC, car accident lawyer to ensure you don’t miss anything important.
DC, Maryland and Virginia offer optional PIP coverage, which can provide benefits regardless of who is at fault in an accident.
In Washington, DC, Maryland, and Virginia, the legal principles of contributory or comparative negligence may apply when both parties are found to be at fault in a car accident.
DC, Maryland, and Virginia uphold contributory negligence law, a particularly stringent legal principle. Under this law, if an injured person is found to be partially responsible for their injuries, even one percent, they are barred from recovering compensation for their injuries. If your negligence contributed to the accident, your claim will be denied. This is a strict standard and can be tough on the party initiating the lawsuit, as even a small degree of fault can result in a complete loss of the right to financial compensation.
Insurance companies often use this doctrine to deny claims, arguing that you were partially at fault for the accident and, therefore, not entitled to compensation. To combat this doctrine, you need skilled legal representation to negotiate with the insurance companies.
In cases where both parties are found to be at fault, the determination of fault and the application of these legal principles will depend on the specific circumstances of the accident, including factors such as witness testimonies, police reports, and any available evidence such as photographs or video footage.
It’s important to consult with a qualified car accident attorney familiar with the laws and regulations of the specific jurisdiction where the accident occurred to understand how these principles may apply to your situation.
Shared fault car accidents can occur in various ways, resulting from various factors. They happen when both drivers do things that contribute to the crash. Some of the most common examples include:
Intersection Collisions: When one driver fails to yield while the other driver is speeding or distracted.
Rear-End Collisions: Sudden braking by one driver and lack of attention or tailgating by the following driver.
Lane Change Accidents: When both drivers attempt to change lanes simultaneously without signaling or checking blind spots.
Parking Lot Accidents: Collisions while backing out of parking spaces or maneuvering through congested areas without caution.
T-Bone Accidents: One driver runs a red light or stop sign at an intersection while the other fails to yield or misjudge the situation.
At Regan Zambri Long, our lawyers are known for their expertise in personal injury cases, including car accident-related ones.
Regan Zambri Long has a team of experienced attorneys who specialize in handling personal injury cases, including car accidents. Our knowledge and expertise can be invaluable in navigating the legal complexities of your case.
Our firm has a strong track record of obtaining favorable client outcomes. We have likely handled similar cases and know how to advocate for your rights and pursue maximum compensation effectively.
With the resources of a well-established law firm behind you, you can access the necessary resources to build a strong case. This may include conducting thorough investigations, hiring experts, and navigating negotiations or court proceedings.
Many law firms, including Regan Zambri Long, offer free initial consultations. This allows you to discuss your case with one of our attorneys, learn about your legal options, and determine if we are the right fit for you without any obligation.
If you’ve been injured in a car accident and believe you may be entitled to compensation, reaching out to Regan Zambri Long or a similar reputable law firm can help ensure that your rights are protected and that you receive the legal representation you deserve.
