If you are in the midst of pursuing a compensation claim for injuries you sustained in an accident, you are likely claiming that the other party is entirely responsible for the accident. However, he or she might dispute culpability for the accident, arguing that you were partially at fault for it. If you did something or neglected to do something that resulted in the accident, even if it was minor, you might end up sharing in the blame, leading to a split liability settlement.
For example, if you were driving your car too fast for weather conditions, or the accident occurred as you were both reversing out of a parking space, it is likely some fault will be assigned to you. Split liability does not necessarily mean you and the other party will be assigned equal portions of blame. In fact, it is not uncommon for one party to shoulder a greater portion of liability if there is enough evidence to support it. These unequal split liability agreements can be offered in cases where one party is more responsible than the other, but not completely at fault.
Generally, split liability agreements are only offered after an investigation has taken place and analyzed both sides of the case, including testimonies, photographs, and injuries. Additionally, most split liability agreements are done in easily divided amounts rather than arbitrary numbers, such as 71-29.
When Are Split Liability Agreements Appropriate?
In overly complex cases that have limited chances of winning during a trial, it would be ideal to accept a split liability agreement. Essentially, if you cannot prove that the other party was fully responsible for the accident, or you know you are partially responsible for it, it might be in your best interests to accept or propose a split liability agreement to recover whatever amount of compensation possible.
That said, you should never accept a settlement agreement of any kind without first consulting with your personal injury attorney. An experienced and skilled professional will be able to better assess the situation and help you understand your circumstances as well as the likelihood of recovering compensation if the case were to go to court.
Massachusetts Personal Injury Attorneys
At Percy Law Group, PC, our Taunton personal injury lawyers serve clients throughout eastern Massachusetts. As respected and experienced attorneys equipped with an understanding of the uncertainty that is accompanied with serious injuries, our attorneys are dedicated to transforming our clients’ problems into solutions by seeking the best results, whether that involves negotiations or litigation. If you were injured, you can rest assured our legal team will aggressively and vigorously pursue full, fair, and completely compensation as soon as possible.
Contact us today for the representation you deserve at (508) 718-2545 to schedule a free consultation. We operate on a contingency fee basis, so you will not owe us any legal fees unless you receive compensation for your injuries. Let us take care of your case while you focus on recovering.