If you are involved in a car accident in Wyoming, you might have a few questions. One of the most common questions involves fault: who is to blame? To understand the answer to that question, you need to learn more about Wyoming’s car accident laws.
Why Does Fault Matter?
After a car accident, the bills can pile up. In addition to dealing with costly car repairs, you might also have medical bills and missed wages from work. Most people don’t realize how devastating a car accident can be to your bank account.
Fortunately, there could be a way for you to recoup some of the expenses from the accident. If the other driver was at fault, you could file a claim against them. Depending on the validity of the claim, you could receive money for your injuries, possibly get a loan against your settlement and more.
Who is at Fault?
If you file a lawsuit against the other driver, you might need to take your case to court. Some cases end in a settlement, but the others go to court. When they do, the court decides who was to blame and whether or not you deserve compensation.
In some cases, the other driver is completely at fault. This is true when another driver does something illegal or acts in a reckless manner. Although you followed all of the rules of the road, the other driver didn’t.
In other cases, you are both at fault. However, the state of Wyoming will still allow you to seek compensation. Thanks to comparative negligence, you can seek compensation if you bear some of the blame for the accident. As long as you aren’t more than 50% responsible for the accident, you can seek compensation.
However, the court does take into account your responsibility for the accident. You receive a percentage of the total compensation. For example, someone who is 10% at fault for an accident will only receive 90% of the payout. A Wyoming personal injury lawyer can explain the process in more detail.
To show the other driver was at fault, you need to show some type of negligence. For example, a driver could drive aggressively, causing you to lose control and crash. Issues like speeding, failing to signal, and tailgating are some other common causes of accidents. In any of those cases, the other driver could be responsible.
By proving the other driver didn’t follow the rules of the road, you could convince a judge that you deserve compensation. The money you receive could help you overcome the financial burden of your accident.
Filing within the Deadline
If you plan on filing a claim against the other driver, you need to do so quickly. According to Wyoming’s statute of limitations, you only have four years to file a lawsuit. The timeline begins on the same day of the accident. For wrongful death claims, the timeline is even shorter. You only have two years to file.
If you try to file after the four years, you probably won’t receive compensation. It’s likely that the court will dismiss your case. You might not have a chance at justice.
It’s worth noting that this timeline does not apply to filing a car insurance claim. Instead, it’s only for civil lawsuits. You usually only have a few days or weeks to file you car insurance claim. In either case, it’s crucial to file as soon as possible. You should speak to a Wyoming personal injury attorney about your options for filing.