What if I’m Partially at Fault for My Car Accident?

Partial fault, also known as shared fault, means that more than one party is responsible for causing an accident. For example, one driver might have been speeding, a factor in 29% of fatal accidents, while the other failed to yield the right of way. In such cases, determining each party’s fault percentage is a critical step in the claims process. This determination often involves reviewing police reports, witness statements, photos of the accident scene, and relevant traffic laws.

How Does Partial Fault Affect Insurance Claims?

If you are partially at fault for a car accident, it can directly impact the compensation you can recover from insurance companies. Insurance adjusters will investigate the accident to determine each party’s percentage of fault. This percentage will then be used to adjust the payout. For instance, if you are deemed 20% at fault, your potential compensation will likely be reduced by that amount. Insurance companies aim to minimize payouts to assign you a higher percentage of fault. Your insurance premiums may rise by as much as 45% or more if you are found partially at fault.

Why Seeking Legal Counsel is Crucial After a Car Crash

Navigating a car accident claim when you may be partially at fault can be complex and challenging. An experienced auto accident lawyer can provide invaluable assistance by:

Investigating the Accident

Car accident attorneys can conduct a thorough investigation, gather evidence, and work with accident reconstruction experts to accurately determine the degree of fault.

Challenging Fault Determinations

If you believe the assigned percentage of fault is inaccurate, an attorney can help challenge it.

Negotiating with Insurance Companies

Insurance adjusters may try to leverage your partial fault to reduce your settlement. A lawyer will advocate on your behalf to ensure you receive fair compensation.

Explaining Your Rights

An attorney can explain how your state’s specific negligence laws apply to your situation and what compensation you may be entitled to, which may be as high as $1.2 million for a TBI.

If a fair settlement cannot be reached, your lawyer can represent you in court.

The Rules of Negligence

State laws vary significantly on how they handle partial fault, generally falling into one of three categories of negligence rules:

• Contributory Negligence: This is the harshest rule. In states following contributory negligence, if you are found to be even 1% at fault for the accident, you might not be able to recover damages.
• Pure Comparative Negligence: States with this rule allow you to recover damages even if you are mostly at fault (e.g., 99% at fault). However, your compensation will be reduced by your percentage of fault.
• Modified Comparative Negligence: This is the most common system. In these states, you can recover damages only if your percentage of fault is below a certain threshold, typically 50% or 51%. If your fault meets or exceeds this threshold, you may be barred from receiving any compensation. If you are below the threshold, your compensation will be reduced by your percentage of fault.

Being partially at fault in a car accident complicates matters, but it doesn’t automatically disqualify you from receiving compensation. The extent to which it affects your claim depends heavily on the specific laws in your state and the details of the accident. Understanding these rules and taking the right steps, including seeking legal advice, can significantly impact the outcome of your case and help you secure the compensation you deserve.