Can You Sue Someone For Personal Injury If You Caused The Accident?

You must demonstrate that the accident was caused by the carelessness of another person or corporation to file a successful personal injury compensation claim. As a result, you will not be able to file a claim if you were totally to blame for the accident. Split responsibility, often known as contributory negligence, is a legal term for this situation.

What Is The Definition Of Divided Liability?

This is the point at which each party gets reimbursed in proportion to their share of the blame. When it comes to vehicle accident cases, split culpability is a common conclusion. If you are engaged in an accident with another car, for example, you may be deemed partially at blame. If you were found to be driving excessively fast, failing to indicate correctly, or moving your car without adequately looking, you might have contributed to the injuries and damages caused.

The extent of guilt each party bears in producing the accident determines how much liability each party holds. Each party is equally responsible for their acts in making the accident if responsibility is split 50/50. If the matter is worth £10,000, each side will receive £5000 in compensation.

Who Determines The Divided Responsibility Proportion?

The solicitor representing you will reach an agreement with the third-party insurer on the split percentage. If both parties cannot reach an agreement, they will take the case to court, where a judge will determine how the amount of guilt will be divided.

In the context of road traffic accidents, typical instances of split responsibility situations include:

  • Coming out of a side road
  • While being overrun, turning right
  • Signaling that is deceptive
  • Immediate braking and rear-end collisions
  • Excessive haste
  • Not fastening your seatbelt
  • Collisions on a winding road

It may not often be clear who is to fault for the disaster or who has a more significant portion of the responsibility. Because the statutes and case law used to assess guilt are frequently complicated. It is best to get legal counsel from a personal injury law firm like DeMayo Law Offices, L.L.P, when filing a claim for a road traffic accident for which you were partially at fault. A litigator will examine all of the evidence supporting a road crash claim to determine who was at fault and how to assign responsibility correctly. You can visit their site here at https://www.demayolaw.com/.

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