Can You Still Claim Damages If You’re Partly to Blame?
After an accident, the question of fault is often a critical one. While it’s easy to assume that you can’t pursue a claim if you’re partially responsible, that’s not always the case. In many instances, you can still claim damages for your injuries, even if you share some of the blame for the accident.
This is where comparative negligence laws come into play. These laws allow you to recover damages based on your degree of fault in the accident. While it’s true that your compensation may be reduced if you’re partially at fault, you may still be entitled to compensation for medical bills, lost wages, and pain and suffering.
In this post, we’ll explain what comparative negligence is, how it works, and how it impacts your ability to pursue a claim and receive compensation after an accident.
1. Understanding Comparative Negligence
Comparative negligence is a legal doctrine used to determine how fault is allocated when multiple parties are responsible for an accident. Instead of assigning all the blame to one party, comparative negligence assigns a percentage of fault to each party involved in the accident.
1.1 How It Works
When a claim is filed, the insurance company or the court will look at how much responsibility each party bears for the incident. Your compensation will be reduced by the percentage of fault that you hold. For example:
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If you’re found to be 20% at fault for the accident, and the total damages amount to $100,000, your recovery would be reduced by 20%. You would receive $80,000 instead of the full $100,000.
1.2 Types of Comparative Negligence
There are two main types of comparative negligence laws used in the U.S.: pure comparative negligence and modified comparative negligence.
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Pure Comparative Negligence: This allows you to recover damages even if you’re 99% at fault for the accident. Your compensation is simply reduced by your percentage of fault. For example, if you’re 90% at fault, you can still recover 10% of the total damages.
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Modified Comparative Negligence: In states with modified comparative negligence laws, you can only recover damages if you are less than 50% or 51% at fault. If your degree of fault exceeds the threshold set by the state, you may be barred from recovering any damages at all.
2. How Shared Fault Affects Your Claim
In cases where you are partly at fault for the accident, the amount of damages you can recover will depend on your degree of fault. While the specifics may vary depending on where you live, here’s a general outline of how shared fault works in a personal injury claim:
2.1 The Insurance Company’s Role
Insurance adjusters will evaluate your degree of fault and reduce the settlement offer based on their assessment. For example, if you were texting while driving but someone else made an illegal lane change and caused the accident, the insurance company might decide that you were 30% at fault for the crash because you were distracted.
The remaining 70% would be attributed to the other driver, and your compensation would be reduced by your percentage of fault.
2.2 In Court
If your case goes to court, the jury will determine the percentage of fault for each party involved. They’ll use evidence, such as witness testimony, photos, and accident reconstruction, to allocate responsibility. Your lawyer will argue that you should bear a smaller share of the blame, and the jury will determine the appropriate percentage.
3. Examples of Shared Fault and Compensation
Let’s look at a few scenarios to understand how comparative negligence works in practice.
3.1 Scenario 1: A Rear-End Collision
Let’s say you were involved in a rear-end accident where the driver in front of you suddenly stopped without warning, but you were also speeding at the time of the crash.
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Who’s at Fault?: You may be found partially at fault for speeding, while the other driver is also partially at fault for stopping suddenly without warning.
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How Comparative Negligence Affects Compensation: If the damages are $50,000 and you’re found to be 30% at fault for speeding, your compensation will be reduced by 30%. So, you would receive $35,000 instead of the full $50,000.
3.2 Scenario 2: A Slip-and-Fall Accident
Imagine you slip and fall in a grocery store because of a wet floor, but you weren’t paying attention to the “wet floor” warning signs posted in the store. The store owner didn’t properly clean up the spill in a timely manner.
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Who’s at Fault?: The store owner may be found to be 60% at fault for not properly maintaining the store, while you may be found 40% at fault for not noticing the warning signs.
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How Comparative Negligence Affects Compensation: If your total damages are $20,000, your compensation would be reduced by your percentage of fault (40%), meaning you would receive $12,000 instead of the full amount.
4. Why It’s Important to Consult with an Attorney
If you’re partially at fault for an accident, it’s essential to have an experienced personal injury lawyer on your side to protect your rights and ensure that you get fair compensation. Here’s why you should consult with an attorney:
4.1 Understanding Your Legal Rights
An attorney will help you understand how comparative negligence applies to your case and explain how your degree of fault will affect your compensation.
4.2 Negotiating with Insurance Companies
Insurance companies often try to minimize your compensation by exaggerating your degree of fault. An attorney can help you fight back by gathering evidence, negotiating with insurance adjusters, and ensuring that you receive a fair settlement.
4.3 Proving Negligence
Even if you’re partially at fault, an attorney can still help you prove that the other party was more responsible for the accident. They will gather evidence, interview witnesses, and build a strong case to reduce your degree of fault.
5. How to Protect Yourself After an Accident
Here are a few steps you can take to protect your claim, even if you’re partially at fault:
5.1 Don’t Admit Fault
At the scene of the accident, never admit fault or apologize. Doing so can be used against you by the insurance company or in court.
5.2 Document the Accident
Gather as much evidence as possible, including photos, witness statements, and police reports. The more documentation you have, the stronger your case will be.
5.3 Consult with a Personal Injury Attorney
An attorney will help you determine your degree of fault and ensure that you get the compensation you deserve. They will also help you avoid mistakes that could hurt your claim.
Conclusion: You Can Still Recover Even If You’re Partly at Fault
Being partially at fault for an accident doesn’t necessarily mean you can’t recover compensation. Comparative negligence laws allow you to seek damages based on your degree of fault, meaning you can still recover for medical bills, lost wages, and pain and suffering.
If you’ve been involved in an accident and are concerned about your share of fault, don’t hesitate to consult with an experienced personal injury attorney. They can help you navigate the claims process, fight against unfair fault allocations, and ensure you get the compensation you deserve.
