What happens if I was partially at fault for the accident?
If you were partially at fault for an accident, you might still be able to recover compensation under the legal doctrine of comparative negligence. Comparative negligence determines how liability is shared between parties and affects the amount of compensation you can receive. Here’s how it works:
1. Understanding Comparative Negligence
Most states follow one of two comparative negligence models:
- Pure Comparative Negligence: You can recover compensation even if you were 99% at fault, but your award is reduced by your percentage of fault.
- Modified Comparative Negligence: You can recover compensation only if you were less than 50% or 51% at fault (depending on the state). If your fault exceeds this threshold, you are barred from recovery.
For example, if you’re found to be 20% at fault in an accident and your total damages are $100,000, you would receive $80,000 under pure or modified comparative negligence.
2. Proving Fault
To determine fault, the court or insurance adjuster will evaluate evidence such as:
- Police reports.
- Witness statements.
- Photos or videos of the accident.
- Expert testimony.
Your attorney will work to minimize your assigned fault percentage by presenting evidence that highlights the other party’s negligence.
3. Impact on Your Case
While partial fault reduces your compensation, it doesn’t eliminate your right to recover damages entirely. An experienced attorney can help ensure that your percentage of fault is calculated fairly and doesn’t unfairly limit your recovery.
Conclusion
If you believe you were partially at fault, consult an attorney immediately. They can explain your state’s laws, gather evidence to strengthen your case, and negotiate on your behalf to maximize your compensation.