ArticlesCar AccidentComparative Negligence

Can I Receive Compensation For A Car Accident I Was Partially At Fault For?

By August 18, 2021 No Comments

It goes without saying that a DUI is a very serious offense – especially if it involves a collision. But what happens if you were injured as a result crash that you partially caused? Is there any way you might be able to recover compensation through a personal injury claim? It might seem ridiculous for someone to receive compensation for being partially at fault for an accident, but sometimes injured individuals have few options. Faced with medical expenses, missed wages, and other damages, an insurance settlement might seem like your only remaining lifeline. 

If you are wondering whether you might be able to file an insurance claim, it’s always a good idea to get in touch with an Atlanta car accident lawyer. Our experienced Atlanta car accident attorneys have dealt with many car accident injury cases in the past, and they can help those in need. Even if you believe that you were partially at fault makes it impossible to receive compensation, your personal injury attorney may have more success than you might expect. 

Your Insurance Company Inform You of Denied Coverage in a Timely Fashion

Even though your insurance company may decide to deny your coverage based on your involvement in the accident, they are legally required to inform you of this relatively quickly. If they fail to do this, you may still have the ability to receive coverage. There have been many cases of insurance companies waiting for several years before informing individuals that their coverage is denied because of comparative fault or negligence. If this happens, a court may decide that the insurance company has forfeited its right to deny coverage. 

Intentional Conduct

It’s important to understand that no insurance policy covers “intentional conduct.” This is when you intentionally cause yourself to be harmed. Insurance companies may try to argue that by not coming to a complete stop or rolling into a turn at an intersection was also reason for the accident occurring. If they can prove that your actions were intentional, the collision is no longer considered an “accident.” As such, you will not receive full or in some cases, any compensation. This is why consulting our Atlanta law firm is often required to prove that the entire situation was indeed accidental. Generally speaking, courts are likely to agree with your attorney if they argue that you never actually expected to get into an accident. This is where comparative negligence can play a part in your claim.

Georgia’s Comparative Negligence Laws

You also need to take into account Georgia’s comparative negligence laws. These are very important in the context of a DUI-related accident, because they recognize the possibility that a drunk driver may only be partially to blame for a crash. For example, perhaps you got hit by a  drunk driver at only 15 miles per hour down a quiet, deserted, residential road. You may have not stopped fully at a stop sign or may have taken a turn a bit wider than you probably should have. In doing this, the drunk driver could swerve out of their lane and hit your car.  While you would most likely see them as fully liable for their reckless behavior, insurance companies and other parties might look into your “stop” or wide turn as a factor in the accident. 

These are the kinds of factors that courts in Georgia will take into account. If they find that you were partially responsible for the accident, you could only receive 80% of the total amount you could have received. Working with our Atlanta car accident attorney can help you maximize your compensation and hold reckless drivers accountable. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Atlanta area for a qualified, experienced personal injury attorney, look no further than James Ponton. As an experienced motor vehicle accident lawyer in Atlanta, our team is committed to helping injury victims achieve justice and financial relief. While you may worry about your part in the accident, you can rest assured that our attorney will work tirelessly to protect you and help you receive full and fair compensation. Reach out for a free consultation today.