If you’ve been involved in a car accident and believe you were partially at fault, you might be wondering if you still have the right to sue for damages. The short answer is yes, you may still sue, but how much compensation you receive depends on your level of fault and the laws of your state. Understanding how fault is determined and what it means for your case is key to making informed legal decisions. Today, we at Hurt Wreck would like to discuss personal injury auto accidents if you are partially at fault.
Understanding Comparative Fault
Most states in the U.S. follow some form of comparative negligence, a legal principle that allocates fault among all parties involved in an accident. Under this rule, your compensation is reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault and your damages total $100,000, you would still be able to recover $70,000. That’s the beauty of comparative negligence, it recognizes that multiple people can contribute to an accident, but you shouldn’t be completely barred from recovering damages if you weren’t entirely responsible.
Two Types of Comparative Negligence
There are two main types of comparative negligence:
1) Pure Comparative Negligence. In states with pure comparative negligence laws (like California, Florida, and New York), you can sue and recover damages even if you are 99% at fault. However, your award will be reduced by your percentage of fault.
2) Modified Comparative Negligence. In these states, you can only recover damages if your share of the blame is less than 50% or 51%, depending on the state’s specific threshold. If you’re more at fault than the other party, you may not be able to recover anything.
Contributory Negligence: The Exception
A few states (such as Alabama, Maryland, North Carolina, and Virginia) still follow the strict contributory negligence rule. In these jurisdictions, if you are found even 1% at fault for the accident, you are barred from recovering any damages at all. It’s a harsh standard, and it’s one reason why having a skilled attorney in your corner is essential in these states.
Why Legal Representation Matters
Determining fault is rarely straightforward. Insurance companies will often try to place more blame on you to reduce their payout. A personal injury attorney can gather evidence, interview witnesses, and work with accident reconstruction experts to help prove that the other party was primarily at fault, or at least that your role in the accident was minimal.
Personal Injury Attorneys in DeSoto & Lancaster, TX (Just Minutes from Glenn Heights, Duncanville, Red Oak, Wilmer, Hutchins, Ovilla & Ferris, Texas)
Being partially at fault doesn’t necessarily mean you’re out of options. Thanks to comparative negligence laws, you may still be entitled to compensation for your injuries, lost wages, medical bills, and pain and suffering. The key is acting quickly and working with an experienced personal injury lawyer who understands the laws in your state. If you’ve been involved in an accident and are unsure where you stand, don’t wait. Contact Hurt Wreck to evaluate your case and help you get the compensation you deserve, even if you weren’t perfect.
