Can I Receive Compensation if a Car Accident Was Partially My Fault?

 Posted on August 14, 2020 in Car Accident

According to the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), there were more than 500 fatal vehicle crashes in Colorado in 2018. Not all car accidents lead to fatalities, but they can cause serious to permanent injuries. If you are injured in a car accident caused by another driver, seeking compensation through a personal injury claim is often a clear decision. However, if you believe you were partially at fault for the accident, your options may seem more complicated, and you may wonder if it is even possible to receive any financial relief for your injuries. The good news is that because of Colorado’s negligence laws, you can still be eligible for some compensation as long as your negligence is determined to be less than that of the other involved parties.

What Constitutes Negligence in a Colorado Car Accident?

Negligence occurs when a person or entity fails to uphold their duty of care to another, and if this negligence results in injuries, the person impacted can seek compensation for his or her damages. In the case of a car accident, negligence can include violations of traffic laws or regulations and any other unsafe driving behavior that endangers other users of the road. Common examples include speeding, following too closely, failing to signal or obey traffic signs, drunk or impaired driving, and distracted driving due to texting, eating, or anything else that removes a driver’s attention away from the road.

What Should I Do if I Contributed to an Auto Accident?

Sometimes, in the aftermath of an accident, you may feel certain that you did nothing wrong to cause it. At other times, it may be less clear whether you were at fault. For example, you may have been involved in a rear-end collision in which you were knowingly driving without working brake lights, but the other driver who hit you was also following too closely. In a scenario such as this, you may still be able to seek compensation, or you may at least avoid owing the other party compensation. The following are a few important steps you should take to increase your chances of success in your case:

1. Do not admit fault. If you apologize to the other driver or acknowledge your possible contribution to the accident, this can work against you in a personal injury claim later on.

2. Gather evidence from the accident. Take pictures and video of the crash scene, including the vehicles, the surroundings, and your injuries. Also, try to identify witnesses who are willing to provide testimony that speaks to the other party’s negligence.

3. Seek or accept medical attention. Even if you believe your injuries do not appear to be serious, you should still receive medical attention as soon as possible after the accident both for the sake of your own health and the strengthening of your personal injury claim.

4. Hire an attorney. If you were partially at fault, you may need all the assistance you can get to prove the other party’s negligence was greater than your own, and an experienced personal injury attorney can help you do so.

Contact a Fort Collins Personal Injury Lawyer Today

An automobile collision can cause devastating damage to the vehicles involved as well as their occupants. At Hoggatt Injury Law, we can help you navigate car accidents involving complex negligence claims, and we will work to ensure that you receive as much compensation as possible for your injuries. Contact us today at 970-225-2190 to schedule a free consultation with a qualified Larimer County car accident attorney who can advise you on the best way to proceed with your claim.

Sources:
https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
https://www.colorado.gov/pacific/dmv/report-accident