Using Comparative Negligence in Side Collisions

If your seat position was on the side of impact in a car collision, you might have gone through traumatizing moments.

Side impact collisions are known to cause serious injuries to vehicle occupants. While people believe such injuries can be minimized by side airbags, they also have their own limitations, just as other front airbags.

While side collisions mostly happen due to one driver’s negligence, a good percentage of these accidents results from shared fault.

Alaska car accident laws allow that you recover damages from another person’s negligence. However, you need to preserve your rights after a car accident

If you’re a victim of a side collision, there are several legal options available.

Common Injuries In Side Collisions

Side impact collision also called t- bone collision, commonly occurs at intersections or when two cars passes on a multilane roadway. Such accidents are typically caused by one vehicle or both due to failure to yield right of way. In other cases, it may be one vehicle that failed to stop or run past a red light or failed to obey any other traffic signals.

According to the Association for the advancement of automotive medicine, a victim who has been involved in a rear-end collision is likely to suffer from:

• Neck injuries
• Head and face injuries
• Chest/ abdomen injuries

A vehicle occupant who suffers from the above injuries may require extensive medical care. Also, some victims spend years recovering, while others have permanent disabilities.

The study goes further to explain that there are four main factors that significantly contribute towards the vehicle occupants’ location and severity of injuries. They include:

• The collision type
• Location of impact
• Victims’ exposure
• Crash direction
• Speed of both vehicles
• Safety features present

Where a side collision is severe, the vehicle may tip and rollover.

Why Both Drivers May Share Responsibility

In most side-impact collision cases, both drivers have a responsibility towards injuries suffered. For instance, if one driver runs a red light and the other driver was not keen when entering the intersection; both drivers may be liable for the accident. In such a situation, a jury has to decide the percentage of fault for each driver.

Understanding the theory behind pure comparative negligence with the help of a car accident lawyer in Alaska makes it’s easier to know how to handle your claim when you are partly to blame for your injuries. For instance, if you were 40 % at fault for your injuries, the other driver, through their insurance company has to pay you 60% of such injuries as their fault. This would call for negotiations with the other driver’s insurance company.

To get compensated, you need to produce evidence that relates to your degree of fault. You should make sure to have the other driver’s information, such as driver’s license number, vehicle registration number, and photos you took at the accident scene. If there were witnesses, you should get the credible ones to testify on what they saw. With the proper evidence, the negotiation process may not take long.

How To Come Up With A Percentage Of Fault

There is no set formula for determining the percentage of fault.

Once car accident negotiations start, you need to come up with a percentage of your fault. The other driver will also have a percentage that will form the basis of your negotiations.

Proving fault in a car accident is not easy, but having an experienced lawyer helps put together all factors that will be used to determine what your claim is worth.

In most personal injury cases, a jury will come up with the best percentage based on:

• The total dollar amount of your damages, and
• The percentage of fault for both drivers.

The insurance adjuster has to come up with a percentage based on what may be used in court.

Remember, the insurance company will try to place a larger percentage. Where it seems impossible to agree on the percentage of fault, the case may move on to trial. Both of the drivers have to get the strengths and weaknesses of each claim to enable the jury to come up with the right percentage of fault.

Fortunately, you will still be compensated even if the comparative fault rule reveals that you hold a greater percentage of fault than the other driver. But, the fact remains that you may also be liable for the other driver’s damages.

For your potential case, you have to understand Alaska car accident rules on comparative negligence. Whether you have issues with your claim or not, this would be high time to speak to an experienced car accident lawyer who will advise on the best action for your car accident case.

If you failed to yield right of way and another vehicle hit you on your side or vice versa, you may share fault. If the other driver paid attention to the surrounding, the argument could be that he/she should not have hit you.

Such cases are highly complicated. You would find it easier to work with an experienced lawyer to help you determine how to share liability for your car accident.