Being injured in a car accident is overwhelming. Discovering that you might be partly to blame adds another layer of stress. You might wonder if you can still file a claim or if your role in the accident prevents you from recovering compensation. The truth is, even if you bear some responsibility, you may still be entitled to recover damages.
Navigating shared liability cases is complex, and trying to handle it alone could leave you vulnerable to the tactics of insurance companies looking to minimize payouts. You need to talk to a personal injury lawyer with experience handling car accident claims involving questions of liability.
At The Rothenberg Law Firm, we’ve spent over 50 years helping clients secure billions in compensation after motor vehicle accidents. Our firm has the experience, resources, and dedication to advocate for those injured due to another’s negligence. We understand how shared liability works, the role of a car accident attorney, and why contacting a lawyer is essential to maximizing your recovery.
Shared liability—also known as comparative or contributory negligence—can arise in many car accidents. These cases involve determining the degree to which each party contributed to the crash and how that impacts the ability to recover compensation.
Multi-Vehicle Collisions
Pile-ups or chain-reaction accidents frequently involve disputes over who is at fault. One driver may have caused the initial crash, but other drivers’ actions often contribute to the severity or spread of the accident.
Accidents Involving Commercial Drivers
Collisions with commercial vehicles, like delivery vans or semi-trucks, can involve both the driver and the trucking company. If a commercial driver was speeding but you made a sudden lane change, the case could hinge on determining how much blame each party shares.
Pedestrian or Cyclist Accidents
Drivers often argue that pedestrians or cyclists failed to follow traffic rules, creating shared liability issues. However, motorists have a legal duty to exercise caution, especially in areas where pedestrians or cyclists are present.
Accidents in Dangerous Conditions
Crashes caused by poor weather, slick roads, or low visibility often lead to disputes about whether drivers adjusted their behavior appropriately to the conditions.
Shared liability cases are not straightforward. They require thorough investigation, an understanding of applicable laws, and the ability to negotiate effectively with insurance companies.
Attempting to handle a shared liability claim on your own can leave you at a disadvantage. Insurance companies often use tactics to shift as much blame onto you as possible, reducing the compensation they owe. A lawyer from The Rothenberg Law Firm can level the playing field by:
- Conducting a Thorough Investigation: Our legal team gathers evidence such as accident reports, witness statements, and expert testimony to identify all parties responsible for the crash.
- Working with Accident Reconstruction Experts: In complex cases, we collaborate with specialists who can recreate the events leading to the accident and demonstrate how others’ negligence contributed to the crash.
- Handling Insurance Negotiations: Insurance companies are more likely to take your claim seriously when they know you’re represented by a firm with a reputation for fighting—and winning. We’re ready to take your case to court if they refuse to offer a fair settlement.
- Maximizing Compensation: Even if you are partially at fault, our lawyers will advocate to ensure you recover damages for your medical bills, lost wages, pain and suffering, and more.
How Comparative Negligence Laws Affect Your Claim
Each state has laws governing shared liability that can significantly impact the outcome of your claim.
Pure Comparative Negligence
In states like New York, you can recover compensation even if you are 99% at fault. However, your damages will be reduced by your percentage of responsibility. For example, if you’re awarded $100,000 but found 20% at fault, you would receive $80,000.
Modified Comparative Negligence
States like New Jersey and Pennsylvania follow a modified system where you can recover damages as long as you are less than 50% at fault. You cannot recover compensation if you are 51% or more to blame.
Contributory Negligence
A few states bar you from recovering damages if you are even 1% at fault. If your state follows this rule, you need a lawyer more than most. An attorney with experience handling claims in these jurisdictions knows how to fight for your rights.
Understanding how these laws apply is critical, so you should consult a lawyer. Our attorneys are well-versed in state-specific regulations and can navigate the legal landscape on your behalf.
Why Insurance Companies Take Claims Seriously When You Have a Lawyer
Insurance companies are for-profit entities, and their primary objective is to minimize the amount they pay in claims. When an injured party files a claim without legal representation, insurance adjusters may view it as an opportunity to exploit the claimant’s lack of legal knowledge. This often results in tactics designed to reduce or deny your claim entirely, such as offering lowball settlements, shifting blame, or misinterpreting policy terms.
How Insurance Companies Undervalue Unrepresented Claims
When you don’t have a lawyer, insurance companies may:
- Offer Quick, Lowball Settlements: Insurance adjusters know that many people are eager to resolve their claims quickly to cover medical bills or lost wages. They might take advantage of this urgency by offering a settlement far below the actual value of your damages.
- Dispute Liability: In shared liability cases, insurers may overstate your role in the accident to reduce the amount they owe. Without a lawyer to push back, you could end up unfairly bearing more blame than you deserve.
- Delay Claims Processing: Insurers sometimes draw out the claims process, hoping you’ll give up or accept a lower settlement out of frustration.
- Pressure You to Provide Statements: Adjusters may request recorded statements or ask misleading questions designed to elicit responses that weaken your case.
Why Having a Lawyer Changes the Game
Insurance companies approach claims differently when they know the injured party has legal representation. A skilled lawyer protects you from these unfair tactics and signals to the insurer that you’re serious about pursuing fair compensation.
- Leveling the Playing Field: Lawyers are familiar with the tricks insurers use to minimize claims. By representing you, they ensure the insurer can’t take advantage of your lack of knowledge about legal processes, state laws, or the true value of your damages.
- Demonstrating a Commitment to Fairness: When a reputable law firm like The Rothenberg Law Firm is involved, insurance companies know that every aspect of the claim will be meticulously investigated and thoroughly documented. This often discourages adjusters from attempting to undervalue or deny legitimate claims.
- Preventing Missteps: A lawyer handles all communication with the insurance company so you don’t accidentally make statements that could harm your case. This is particularly important in shared liability cases, where even a small error could increase your percentage of fault and reduce your compensation.
A Reputation That Demands Respect
At The Rothenberg Law Firm, we’ve spent over 50 years building a reputation for challenging insurance companies and winning significant settlements and verdicts for our clients. Insurers know that when we take on a case, we’re prepared to fight relentlessly to secure the compensation our clients deserve. This reputation alone often prompts insurers to treat our clients’ claims with the seriousness they deserve and avoid tactics they might use against unrepresented claimants.
Meeting with a lawyer after a car accident where you may share some liability might feel intimidating at first, but it doesn’t have to be. At The Rothenberg Law Firm, our goal is to make the process as straightforward and stress-free as possible for you. We understand that recovering from an accident is physically, emotionally, and financially taxing, so we work to shoulder the legal burden for you.
Listening to Your Story
During your initial consultation, the lawyer will listen carefully to what happened before, during, and after the accident. This conversation isn’t about placing blame on you, it’s about understanding the full picture. You’ll have the chance to share any details you recall while the lawyer identifies key pieces of information to strengthen your case.
Explaining Your Legal Options
Shared liability cases can be complicated, but a lawyer will walk you through how the law applies to your situation. Whether your state follows pure or modified comparative negligence, the lawyer will explain how those rules might impact your compensation and what can be done to protect your rights.
Gathering Evidence on Your Behalf
After your meeting, the lawyer takes the lead in collecting evidence to support your claim. This might include:
- Obtaining the police report.
- Contacting witnesses for statements.
- Reviewing photos or videos of the accident scene.
- Consulting with accident reconstruction experts to analyze the crash dynamics.
You don’t need to worry about tracking down records or figuring out what evidence matters—the lawyer handles these tasks so you can focus on your recovery.
Building a Strong Case
If liability is shared, the lawyer works diligently to reduce the percentage of fault assigned to you. This might involve demonstrating how the other driver’s actions—or even a third party’s negligence—contributed to the crash. By presenting a well-documented claim, the lawyer maximizes your compensation.
Answering Your Questions
You may have concerns about how to proceed or what to expect, especially if you’re unfamiliar with legal processes. A lawyer will take the time to answer your questions, keep you informed about the progress of your case, and provide the reassurance you need during this challenging time.
The Importance of Acting Quickly
While meeting with a lawyer is designed to make your life easier, acting promptly is also important. States have strict statutes of limitations that determine how long you have to file a claim. A lawyer will ensure your case is filed within these deadlines, preserving your right to seek compensation.
At The Rothenberg Law Firm, our compassionate team is here to guide you through every step of the process. We’ve helped countless accident victims, including those in shared liability cases, recover the compensation they deserve. Your initial consultation is free, and we’ll take the time to ensure you feel supported, informed, and confident in the path forward.
Why Choose The Rothenberg Law Firm?
With over 50 years in business and billions recovered for clients, The Rothenberg Law Firm has the experience and resources to handle even the most challenging cases. We’ve built our reputation on our commitment to justice and our willingness to challenge powerful insurance companies.
When you hire us, you gain a partner who will advocate for you every step of the way. We don’t shy away from tough cases and won’t rest until you receive the compensation you’re entitled to.
No Upfront Costs: How Our Contingency Fee Works
At The Rothenberg Law Firm, we understand that the financial strain of a car accident can feel overwhelming. That’s why we work on a contingency fee basis. This means you don’t pay us anything upfront or out of pocket. Instead, our payment is a percentage of the compensation we recover for you.
You owe us no attorney fees if we don’t secure a settlement or verdict for your case. This arrangement allows you to pursue justice and fair compensation without worrying about the cost of legal representation. Our priority is to secure the best possible outcome for you, and our contingency fee structure ensures that we’re fully committed to fighting for your recovery every step of the way.
Don’t let financial concerns stop you from seeking the help you need.
Contact Us Today
If you’ve been injured in a car accident and are worried about shared liability, don’t face this challenge alone. The Rothenberg Law Firm is here to help. Contact us today for a free consultation and let us show you how we can fight for your rights and your recovery.
Remember: Even if you think you’re partly at fault, you may still have a strong claim. Call us now and let us help you navigate the road to justice. Call our office at 800-624-8888 or contact us online to get started.
