Can You Still Recover Compensation If You Were Partially at Fault?

If you’ve been injured in an accident, you may be wondering whether you can still recover compensation if you were partially responsible. Many people assume that being even slightly at fault automatically disqualifies them from pursuing a personal injury claim, but that’s not always the case.

In fact, many states allow injured individuals to recover compensation even when they share some of the blame. Understanding how fault works in personal injury cases can help you better protect your rights.

Understanding Comparative Negligence

When more than one party contributes to an accident, courts use a legal principle known as comparative negligence (also called comparative fault). This system assigns each party a percentage of responsibility for the incident.

Your ability to recover compensation depends on:

• How fault is allocated

• Which comparative negligence rule applies in your state

  
  

Types of Comparative Negligence Rules

Pure Comparative Negligence

Under this rule, you can recover damages even if you are 99% at fault. However, your compensation will be reduced by your percentage of fault.

Example:If your damages total $100,000 and you are found 30% at fault, you may still recover $70,000.

Modified Comparative Negligence

Many states follow a modified comparative negligence system. Under this approach, you can recover compensation only if your fault does not exceed a certain threshold, typically:

• 50%, or

• 51%, depending on the state

If you are found more responsible than the other party, you may be barred from recovering damages.

Contributory Negligence

A small number of states still follow this strict rule. Under contributory negligence, any fault on your part, no matter how minor, can prevent recovery entirely.

How Fault Is Determined

Fault is typically determined through:

• Police reports

• Witness statements

• Medical records

• Photographs and video evidence

• Expert testimony

• Insurance company investigations

Insurance companies often try to shift as much blame as possible onto injured victims to reduce payouts. This is why having experienced legal representation can make a significant difference.

Why Partial Fault Shouldn’t Stop You from Seeking Legal Help

Even if you believe you were partially responsible, you may still be entitled to substantial compensation for:

• Medical expenses

• Lost wages

• Pain and suffering

• Property damage

• Future medical care

An attorney can evaluate the facts of your case, challenge unfair fault assignments, and work to maximize your recovery.

Speak With a Personal Injury Attorney

Determining fault in an accident can be complicated, and the rules vary by state. If you’ve been injured and are worried that partial fault may affect your claim, it’s important to speak with a knowledgeable personal injury attorney as soon as possible.

An experienced lawyer can explain how the law applies to your situation, protect your rights, and help you pursue the compensation you deserve.

Contact Double Horn today to schedule a consultation and learn how we can help.