Partial Fault in a Car Accident

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1. What If I Am Partially at Fault for a Car Accident?

REVIEWED BY

C. William Kenny

October 10, 2023

Board certified by National Board of Trial Advocacy

What If I Am Partially at Fault for a Car Accident?

Car accidents are often stressful and overwhelming, and determining fault can be a complicated process. In some cases, it is not a straightforward matter of one party being entirely at fault. Instead, multiple factors might contribute to the accident, leading to a shared responsibility for the collision. If you find yourself partially at fault for a car accident, it is important to understand your rights, potential consequences and how to navigate the situation.

1. Understanding Comparative Fault

Many states in the United States follow a legal principle called “comparative fault” or “comparative negligence.” Under this principle, if you are partially at fault for a car accident, you may still be entitled to compensation, but the amount you receive could be reduced based on your degree of responsibility for the accident. In other words, your recovery is determined by the percentage of fault assigned to you.

1. The Role of Insurance Companies

When you are partially at fault for a car accident, your insurance company will often work to determine your degree of fault in the collision. They will assess the accident, gather evidence and consult with the other driver’s insurance company. This process can be complex, and it is in your best interest to cooperate with your insurer while being cautious not to admit full fault without knowing all the facts.

1. Contributory Negligence States

It is important to note that a few states follow a harsher principle called “contributory negligence.” In these states, if you are found even slightly at fault for the accident, you may be excluded from seeking compensation. It is crucial to know the laws in your state and how they apply to shared fault situations.

1. Gathering Evidence

To protect your interests when you are partially at fault for a car accident, it is important to gather as much evidence as possible. This may include photographs of the accident scene, witness statements and any other information that could help establish the actual sequence of events leading to the collision. This evidence can be valuable in negotiating with insurance companies or in court, if necessary.

1. Seeking Legal Counsel

In complex situations where fault is shared, it is often advisable to consult with a personal injury attorney. An attorney can help protect your rights and advocate on your behalf, especially when dealing with insurance companies and the legal system. They can assess the evidence, negotiate settlements or represent you in court if needed.

1. Settlement Negotiations

Insurance companies may offer settlements even if you are partially at fault. However, these settlements may not fully cover your damages, especially if your degree of fault is high. This is why it is important to consult with an attorney before accepting any settlement to ensure that it is fair and covers all your expenses related to the accident.

1. Legal Action

If negotiations with the insurance companies do not lead to a fair resolution, you may need to file a lawsuit. In court, your attorney can present the evidence, and the judge or jury will determine the degree of fault for each party involved. The final compensation amount will be adjusted accordingly.

Getting the help you need after an accident.

Being partially at fault for a car accident does not necessarily mean you cannot seek compensation for your injuries and damages. While sharing fault may complicate the process, consulting with a qualified attorney can help you navigate the legal system and achieve a fair outcome.

If you have been involved in an accident and have questions, contact the personal injury attorneys of Berger and Green today for a free case evaluation.