How Fault Percentages Affect Injury Claims

Auto accidents are rarely clear-cut, where one party alone is completely responsible for the damages. Instead, they usually involve the fault of two or more parties. If, for instance, a driver runs a stop sign and strikes another who is speeding, it can be hard to determine who is responsible.

In Mississippi, determining fault is a percentage game. Mississippi follows a comparative negligence rule that divides responsibility between the parties involved in an accident. If you understand how comparative negligence works, you can get a better idea of how much you may be able to collect if you have a personal injury claim.

Mississippi’s approach to shared fault

Mississippi follows a pure comparative negligence system. Under pure comparative negligence, if a person is found to be partially at fault for their accident, they can still collect compensation if they are hurt. However, the amount they can collect is reduced by their percentage of fault.

This law is important because it recognizes that there are many contributing factors to an accident. Just because an injured party may have played a role in causing the accident that led to their injuries, they aren’t barred from collecting damages.

How fault percentages are determined

In a personal injury claim, fault is usually identified by a percentage. Insurance companies, attorneys, and, if a case goes to trial, juries assess fault from the accident using:

• Police reports
• Witness statements
• CCTV or traffic camera footage
• Expert accident reconstruction testimony
• Medical records and expert medical opinions

Once the evidence is reviewed, fault is assigned to each party. The total fault must equal 100%. For example, if two drivers are involved in a car crash, the evidence may reveal that one driver is 80% responsible for the crash while the other is only 20% responsible. The percentage is important because it determines how much an injured party might be able to collect for their damages.

An example of comparative fault

To get a better idea of how pure comparative fault works, let’s assume a car accident occurs between driver A and driver B. Driver A sustains injuries and damages totaling $100,000.00. After investigating the accident, it was determined that driver B ran a red light, but driver A was speeding. A jury may decide that driver B is 80% at fault for the accident and driver A is 20% at fault.

Comparative negligence allows driver A to recover compensation from driver B, but that compensation will be reduced by their percentage of fault. As such, driver A may be able to collect 80% of their total losses, or $80,000.00. Even people found mostly at fault (over 90%) in their accident can still collect damages.

This is different from how many other states operate. Some states bar injured parties from seeking compensation if they reach a certain threshold of fault, such as 49% or 50%.

Why fault percentages matter in personal injury cases

Fault percentages are a big deal in personal injury cases for several reasons.

Settlement negotiations

When you file a claim for damages, you’ll be filing it with another party’s insurance company. The insurance company pays close attention to fault percentages because they determine how much they’ll have to pay. If an insurer can argue that the injured party was partially to blame for the accident, they won’t have to pay them as much. Because of this, disputes are common among insurers and injured parties during settlement negotiations.

Insurance company strategy

It’s good to remember that insurance companies are primarily interested in their bottom line, not your best interests. This means they are more likely to employ tactics to help them pay less. They may argue that an injured driver didn’t notice a hazard, or could have done something more to prevent the accident from happening.

Jury decisions

Sometimes personal injury cases can’t be settled through negotiations outside of court. In these instances, the case may go to trial where a jury must listen to evidence and decide the percentage of fault of each party. Once these percentages are determined, the court will apply them to the total damages awarded.

Situations where comparative fault often arises

Shared fault can come into play in several different accident scenarios. Some common examples include:

• Car and truck accidents
• Slip and fall accidents
• Pedestrian accidents

Comparative fault is important in all these accidents because it is the factor that will help the injured party understand how much they can collect for their damages.

The importance of evidence in comparative fault cases

Evidence is important because fault percentage plays a defining role in financial recovery after an accident. Accident investigators gather details that can help clarify what happened before the injury actually occurred. Strong evidence is needed to prove that one party is more responsible than the other. Incomplete or weak evidence can lead to the assignment of more fault.

Why legal guidance matters

Determining fault percentages happens whether you are involved with your claim or not. Having an experienced legal team on your side can protect your right to collect compensation for your damages and injuries. If you’re already recovering from an accident, trying to negotiate with an insurance company that wants to assign more fault to you for your accident can be burdensome.

Working with a personal injury lawyer can alleviate the stress. An attorney can review your case, collect information, confer with experts, and negotiate with the insurance company on your behalf to protect you from accepting a lowball settlement offer.

Moving forward and protecting your rights

Being found partially at fault after an accident can be alarming, especially if you need to pursue compensation for injuries. Under Mississippi law, you may still be able to collect compensation even if you are found partially at fault.

Hiring an experienced attorney on your side can help. The team at Merkel & Cocke, P.A. has decades of combined experience representing citizens of Mississippi in personal injury claims. We understand the importance of comparative fault and the role it plays in the compensation you need to get back on your feet after an accident. Contact our office today to have your case reviewed and learn how we can help ease the burden of the claims process.