Yes, you may still be able to receive a settlement even if you are partially at fault for the accident.
Understanding comparative fault
When it comes to accidents, many states in the United States follow a principle called “comparative fault” or “comparative negligence.” This means that even if you are partially responsible for the accident, you can still seek compensation for your injuries and damages. However, the amount you can recover may be reduced based on your percentage of fault.
How does comparative fault work?
Each state has its own rules for comparative fault, but there are generally two types:
- Pure comparative fault: In states with pure comparative fault, you can recover damages regardless of your degree of fault. For example, if you were found 30% at fault and the total damages were $10,000, you would be eligible to receive $7,000 (70% of $10,000).
- Modified comparative fault: Some states have modified comparative fault rules. In these states, you can only receive compensation if your fault is below a certain threshold, often 50%. If you are found more than 50% at fault, you may not be eligible to recover any damages.
If you’ve been involved in an accident where you think you might share some responsibility, don’t assume you can’t pursue a settlement. Consult with a qualified attorney who can guide you through the process and help you understand your rights and options.