Being involved in a car accident is stressful, but discovering that you may be partially at fault can add even more uncertainty and concern. If you’re in a situation where you share some responsibility for an accident, you may wonder how this affects your ability to receive compensation and what steps you should take next.
At Correa & Martinez Trial Lawyers, we know that fault isn’t always clear-cut, and being partially at fault doesn’t mean you have to give up your right to fair compensation. Our team is here to guide you through this complex process, helping you understand your options and advocating for the best possible outcome, even if the fault is shared.
The Basics of Partial Fault in Car Accidents
Being partially at fault in a car accident means that both you and another party share some responsibility for the incident.
Different states handle partial fault in unique ways, using legal principles known as “comparative” or “contributory” negligence.
These concepts affect how compensation is awarded when the fault isn’t entirely on one side.
Types of Comparative Negligence Systems
How much compensation you can receive often depends on the rules your state follows. Here’s a breakdown of the most common systems:
Pure Comparative Negligence
In states with pure comparative negligence, you can still recover compensation, even if you’re mostly at fault. However, your award will be reduced by your fault percentage. For example, if you’re 80% responsible, you can still recover 20% of the damages.
Modified Comparative Negligence
In states following modified comparative negligence, you can receive compensation only if you are less than 50% or 51% at fault. If you’re over this threshold, you may be unable to recover damages.
How Partial Fault Affects Compensation
When you’re partially at fault, the compensation you receive is usually reduced by the percentage of fault assigned to you.
For example, if you’re awarded $50,000 in damages but are 20% at fault, your final compensation would be $40,000.
Working with an experienced attorney can minimize the percentage of fault assigned to you, ensuring you receive the fair compensation you deserve.
Key Steps to Take if You’re Partially at Fault
If you suspect you’re partially at fault, here’s what we at Correa & Martinez suggest to protect your rights:
- Gather Evidence: Document the accident scene thoroughly. Photos, videos, and witness statements can be valuable in establishing a clear picture of what happened.
- Consult a Lawyer Early On: It is crucial to work with a lawyer early on, as they can help investigate the accident, determine the facts, and ensure your rights are protected.
- Avoid Admitting Fault at the Scene: Even a simple apology could be misinterpreted as an admission of fault. Let law enforcement and insurance investigators handle the fault assessment, and allow your lawyer to communicate on your behalf if needed.
- Avoid Delaying Medical Attention: Seek medical help immediately, both to address injuries and to document your condition.
Insurance Implications of Partial Fault
Being partially at fault can have significant implications on your insurance claim.
Insurance companies will typically conduct their own investigation, reviewing accident reports, photos, and witness statements to determine each party’s percentage of fault. However, remember that an insurance company’s determination of fault may differ from that of law enforcement or other officials. They may assign fault percentages based on their own guidelines, which may not align with legal fault standards in your state.
When you’re found partially responsible, a few essential consequences may arise:
- As was previously mentioned, if you share some level of fault, the compensation you receive may be reduced proportionally by your percentage of fault. Insurance companies may use this as a basis to offer a lower settlement, so having an attorney to negotiate and accurately represent your case is essential.
- Most insurance providers increase premiums for policyholders found partially or fully responsible for an accident. This increase depends on the insurance company's policies, your driving history, and the specific details of the accident. A higher fault percentage often results in steeper rate increases.
- If the other driver’s insurance covers part of the damages, your insurance company may still seek partial reimbursement from the other driver’s insurer if you share fault. This process, known as subrogation, can complicate the settlement process as insurers negotiate how much each party should cover.
- Some insurance policies may have provisions that limit payouts based on fault percentage, especially in cases involving high-risk conduct, like reckless driving or significant speeding. Being partially at fault could trigger these provisions, reducing your potential recovery further.
How a Lawyer Can Help if You’re Partially at Fault
Our experienced attorneys can assist you in many ways, including the following:
- Conducting a Thorough Investigation: We examine the evidence, reconstruct the accident, and identify all responsible parties.
- Negotiating with Insurance Companies: We have extensive experience negotiating with insurers and advocating for your rights to minimize any fault attributed to you.
- Representing You in Court: If necessary, we are prepared to take your case to trial, where we will present a robust case that highlights the truth and seeks a fair outcome.
Protect Your Rights with Correa & Martinez
Being partially at fault in a car accident doesn’t mean you’re ineligible for compensation. Correa & Martinez Trial Lawyers believe in every client’s right to fair representation and justice. If you’re concerned about your fault percentage or have questions about your case, contact our team. We’ll provide you with a free consultation, guide you through the legal process, and ensure you understand your options so that you can pursue the best possible outcome for your case.
Don’t navigate these legal complexities alone—let us help you secure the compensation you deserve.
