Car accidents can be complex, especially when fault is not entirely clear. More than one driver may have contributed to the crash in many cases. If you believe you were partly responsible, you may wonder how that affects your ability to seek compensation.
The good news is that, as a victim of a car accident, you may still be entitled to recover damages, even if you were partially at fault. Understanding how fault is determined and how different state laws apply is key to protecting your rights.
What Does “Partially at Fault” Mean?
Being “partially at fault” means you may have done something that helped cause the accident, but you weren’t the only one. Maybe you were speeding while the other driver ran a red light. Or maybe you didn’t use your turn signal, and someone hit your car while changing lanes. These are common mistakes.
The National Highway Traffic Safety Administration (NHTSA) reports that over 5.2 million police-reported crashes happened in the U.S. in one recent year, many of which involved drivers who shared blame.
Types of Negligence Laws That Apply
Each state has its own way of handling shared blame. Here are the three main types of laws:
1. Pure Comparative Negligence
In these states, you can still get money even if you are 99% at fault. But your payment will be reduced by the percentage of your fault. For example, if you were 60% to blame, you can still get 40% of the money you’re owed. States like California and Florida use this rule.
2. Modified Comparative Negligence
This is the most common rule. You can get money only if you were less than 50% (or, in some states, 51%) at fault. If you were more at fault, you get nothing. States like Texas and New York follow this rule.
3. Contributory Negligence
This rule is the strictest. You cannot recover any money if you are even 1% at fault. Only a few states, like Alabama and Maryland, use this system.
How Fault Is Determined
After an accident, insurance companies and police will look at what happened. They use:
- Police reports
- Photos or videos from the scene
- Witness statements
- Traffic laws
Never say “I’m sorry” or admit you were wrong at the crash site. Even simple words can be used against you later.
Impact on Compensation
Let’s say your damages total $10,000. If you were 20% at fault, and your state followed a comparative negligence rule, then you would get $8,000. That’s because your share (20%) is taken out.
Insurance companies use fault to decide how much to pay. That’s why knowing how they decide who’s at fault is so important.
Should You Still File a Claim?
Yes. You should still file a claim even if you were partly to blame. Many people think they have no case, but that’s not always true.
Sometimes, both drivers share fault, and both can recover money. For example, one driver may have been texting, but the other may have failed to yield. In this case, each side’s fault is measured.
Having a personal injury lawyer can help. They will work to lower your percentage of blame and help you get what you deserve.
Tips to Protect Yourself
If you are ever in a crash:
- Take photos of the scene and your car.
- Get the names and contact details of any witnesses.
- Write down what happened right away.
- Don’t give a recorded statement to the insurance company.
- Talk to a legal expert before accepting any settlement.
These steps can help you build a strong case, even if you may be partly at fault.
The Final Verdict
Being partly at fault doesn’t mean you’re out of luck. You can still get compensation, depending on where you live and how the accident happened. Knowing the rules can make a big difference.
