If you were partially at fault for your accident, you may still be entitled to compensation. Learn how comparative fault rules affect your claim.
What Is Comparative Fault?
Comparative fault is a legal doctrine that allows an injured person to recover compensation even if they share some responsibility for the accident that caused their injuries. Rather than barring recovery entirely, most states reduce the compensation awarded by the injured party's percentage of fault.Modified vs. Pure Comparative Fault
Some states follow a 'pure' comparative fault rule, allowing recovery even if you were 99% at fault, with damages reduced accordingly. Other states apply a 'modified' rule, barring recovery entirely if your fault exceeds a certain threshold, often 50 or 51 percent.
Why Fault Determinations Matter
Insurance companies frequently attempt to shift blame onto the injured party to reduce their payout obligation. This makes a thorough, well-documented investigation critical to protecting your right to full compensation.
How an Attorney Can Help
An experienced personal injury attorney can gather evidence, including accident reconstruction and witness testimony, to accurately establish fault and counter any attempts by the insurance company to unfairly shift blame onto you.
Talk to Us Today
If you've been told you were 'partially at fault' for your accident, don't assume that means you have no case. Contact our office for a free consultation to discuss your options.