Can You Still File a Claim If You Were Partially at Fault?
Accidents can be complicated, and in many cases, multiple parties may share responsibility. If you were partially at fault in an accident, you might wonder whether you can still file a personal injury claim. The good news is that, in most jurisdictions, you can—but the amount you recover may be reduced depending on the degree of your fault.
Understanding Partial Fault in Personal Injury Cases
Partial fault, also called comparative negligence or contributory negligence depending on the state, occurs when more than one party is responsible for causing an accident or injury. Courts and insurance companies assess fault percentages to determine how damages are allocated.
Comparative Fault Rules
There are two main systems for handling partial fault in the U.S.:
- Pure Comparative Fault: You can recover damages even if you are mostly at fault, but your compensation is reduced by your percentage of fault. For example, if you are 30% at fault and your damages are $10,000, you may recover $7,000.
- Modified Comparative Fault: You can recover damages only if your fault is below a certain threshold (commonly 50% or 51%). If your fault exceeds this limit, you cannot recover any damages.
Contributory Negligence States
In a few states, if you are found even slightly at fault, you may be barred from recovering any damages. This rule is very strict and applies only in a handful of jurisdictions.
Filing a Claim While Partially at Fault
Even if you contributed to the accident, you may still file a claim for the portion of damages caused by the other party’s negligence. Here’s how:
1. Report the Accident
Immediately report the accident to the police and your insurance company. Document everything carefully, including photos, witness statements, and medical records.
2. Calculate Your Damages
Include medical bills, lost wages, property damage, pain and suffering, and future expenses. Your attorney can help calculate total damages accurately.
3. Determine Fault Percentages
Insurance companies and courts assign fault percentages based on evidence such as accident reports, witness statements, and expert opinions. The fault assessment directly affects your compensation.
4. Negotiate or File a Lawsuit
Your attorney can negotiate with the at-fault party’s insurance company to reach a fair settlement. If negotiations fail, filing a lawsuit may be necessary to pursue the compensation you deserve.
How Partial Fault Affects Your Compensation
Your compensation will be reduced by your percentage of fault. For example:
- Accident damages: $20,000
- Your fault: 25%
- Amount recoverable: $15,000
It’s important to work with an attorney to ensure that the fault assessment is accurate and that you are not unfairly blamed for the accident.
Common Scenarios of Partial Fault
- You ran a red light but the other driver was speeding.
- You were texting while driving, and another driver failed to yield.
- Slip-and-fall accidents where property conditions contributed but your own negligence played a role.
Tips for Protecting Your Claim
1. Document Everything
Take photos, gather witness statements, and keep medical records. Documentation is key to proving the other party’s fault.
2. Avoid Admitting Fault Publicly
Do not admit fault on social media or to the other party. Statements can be used against you in negotiations or court.
3. Consult an Experienced Attorney
An attorney familiar with comparative fault laws can guide you, negotiate with insurance companies, and maximize your compensation.
Related Articles
- When to Reject a Personal Injury Settlement Offer
- How Long Do Personal Injury Settlements Take?
- The Role of Expert Witnesses in Injury Cases
Conclusion
Being partially at fault does not automatically prevent you from filing a personal injury claim. Your compensation may be reduced according to your share of responsibility, but you can still recover damages for the portion caused by the other party. Always consult an experienced personal injury attorney to protect your rights, ensure accurate fault assessment, and maximize your compensation.
