Can You Still Recover Compensation if You’re Partially Liable for a Car Accident?

Car accidents are distressing and devastating events. Not only do victims of car accidents suffer stress, but they also deal with emotional turmoil, physical injuries, and increasing medical bills. 

Many car accidents result from one driver making a mistake. However, it’s not uncommon for car accidents to occur where different parties have some responsibility for the incident that has happened.

After a car accident, the heat of the moment can lead to quarrels and disagreements about who caused the accident. It is important to know that your final compensation may take a hit if you are at fault in a car accident.

We’ll help you understand if you can recover compensation if you are partially liable for a car accident.

Car accidents can be a significant stumbling block. It can leave you jobless and debilitated. However, you may not lose everything after your car accident. You can recover some losses by filing a claim. You may still have a workable claim even if you were partially at fault for the accident. 

What It Means To Be Partially At Fault

When a car accident occurs, the law enforcement agent gathers all the available evidence and determines what happened and what went wrong and is when you need a car accident lawyer. The police officer often assigns the fault in a police report.

If the police officer finds you partially at fault, you’ll be assigned a certain percentage. This percentage reduces your compensation amount. If you’re found to be less than 50% at fault, you have the right to seek compensation. The court decides how much fault is assigned in a claim. This is called the comparative negligence rule.

For example, if you are involved in a car accident, and you’re found to be 20% at fault for the crash, the compensation you’ll receive will be reduced by 20% from the coverage of the other driver. If you’re found to be more than 50% or 51% responsible for the injury and loss, you have no right to claim compensation.

There’s another rule called contributory negligence. According to this rule, if the victim has a role to play in the accident, they cannot recover compensation. This role can be as big as 75% or as small as 1%.

Can You Still Recover Compensation if You’re Partially Liable for a Car Accident?

In some cases, you can still recover compensation if you’re partially responsible for a car accident. However, the compensation you may be entitled to may change based on your level of fault. There are a few methods used to determine compensation. It’s based on the level of liability decided by the jury or court versus the parties involved in the car accident.

The methods mentioned below vary by state, but these are the terms you should know:

• Pure Comparative Negligence: This legal theory states that your compensation amount will be reduced based on your role in the car accident. For example, if you’re awarded $10,000 but found to be 25% responsible, you will receive $7,500.
• Contributory Negligence: This legal doctrine is used only in a few states. If it’s proven that you are partially negligent in the car accident, you will receive very little or no compensation.
• Modified Comparative Negligence: Some central states follow this legal doctrine. This policy will reduce your compensation amount based on your involvement in the car accident.

However, you will receive zero compensation if you are found to be more than 50% at fault. Comparative negligence ensures that fault is distributed fairly among everyone involved in the car accident.

These legal complications can be hard to understand or deal with. This is why it is recommended to hire an experienced car accident lawyer to handle your compensation claim. They have the expertise and experience to tackle challenges related to liability and get you fair compensation.