Accidents are rarely black-and-white. Often, more than one person is responsible—whether it’s a minor misjudgment or shared negligence. If you’re worried that being partly at fault for an accident will prevent you from getting compensation, don’t panic. The outcome depends on something called comparative negligence, which determines how fault is assigned and how much you can recover. Here’s what you need to know about this concept, how it works, and what it means for your case.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to assign fault in accidents where more than one party shares responsibility. Instead of deciding that one person is 100% to blame, it splits the fault between the people involved, usually expressed as percentages.
For example, if you were driving a bit too fast but the other driver ran a red light, both of you might bear a share of the blame. This percentage of fault directly affects how much compensation you can receive for your damages.
The specific rules for handling comparative negligence vary by state in the U.S., and there are three major types:
Pure Comparative Negligence
Under this rule, you can still recover damages even if you’re mostly at fault (up to 99%). However, your compensation will be reduced by the percentage of fault you’re deemed to have.
For instance, if you suffered $10,000 in damages but were 60% at fault, you’d still receive 40%, or $4,000. This model allows injured parties to recover something, no matter how significant their role in the accident.
Modified Comparative Negligence (50% Bar)
Many states follow this rule. It allows you to recover damages only if you are 50% or less at fault. You won't receive any compensation if you cross that threshold—51% or more.
Here’s an example: You were texting while driving and collided with a speeding car. The court determines you were 50% responsible, so you can recover half of your damages. But your claim would be denied if extra evidence bumps your fault to 51%.
Contributory Negligence
This is the strictest standard and is used by a handful of states. Under contributory negligence, you cannot recover damages if you bear any responsibility for the accident—even 1%.
For instance, you didn’t fully stop at a stop sign and were hit by someone making an illegal U-turn. Even if the other driver was overwhelmingly reckless, your role in the accident would bar you from recovering damages.
Understanding which of these rules applies depends on where the accident occurred. Consulting a lawyer can help you determine how your state’s laws impact your situation.
How Is Fault Determined?
Fault isn’t just an arbitrary number—it’s based on evidence and facts. Insurance adjusters, police reports, and sometimes a court conduct thorough investigations to decide how fault is divided. Here are a few factors that come into play:
Police Reports
If law enforcement was involved, their report provides a detailed account of the accident, often including who they believe contributed to the accident and how.
Witnesses and Video Evidence
Eyewitness accounts or surveillance footage can provide additional perspectives about what happened. For example, dashcam footage might show that you tried to avoid the accident, but road conditions made it inevitable.
Traffic Laws
Violations of traffic laws are a significant clue in determining fault. If one party was speeding or ran a stoplight, that behavior could weigh heavily against them.
Expert Opinions
Sometimes, accident reconstruction experts analyze details—like vehicle damage or skid marks—to better understand how the crash unfolded.
How Does Shared Fault Affect Your Compensation?
If you’re found partially at fault, the impact on your compensation depends on the comparative negligence system your state uses.
For example, imagine you slipped and fell at a store because of spilled liquid. However, you were also distracted by your phone and didn’t notice the warning sign. If your damages are $20,000 and you’re 30% at fault, here’s how each system would affect your recovery:
- Pure Comparative Negligence State – You still receive $14,000 (70% of $20,000).
- Modified Comparative Negligence State – You still receive $14,000 if your fault doesn’t exceed 50%.
- Contributory Negligence State – You receive nothing, as you played a part in causing the accident.
What Can You Do If You’re Partly at Fault?
While being partly responsible doesn’t automatically disqualify you from compensation, it does present challenges. However, there are strategies you can use to protect yourself and maximize your recovery:
Don’t Admit Fault
At the scene of the accident, avoid saying things like “I’m sorry” or “It was my fault.” Even if you think you contributed, it’s better to stick to objective facts, like “The car was coming from my left.”
Collect Evidence
Take photos, gather witness contact information, and preserve anything that may help define what happened clearly. Good documentation can prevent you from being assigned unnecessary faults.
Hire an Attorney
An experienced personal injury lawyer can build your case and argue against an unfair assignment of blame. They’ll analyze the facts, challenge contradictory evidence, and work to minimize your percentage of fault.
Follow Through with Medical Care
Seeking immediate medical attention not only ensures your well-being but also creates a solid record linking your injuries to the incident.
Cheyenne Car Accident Attorney
As a resident of Cheyenne, WY, navigating the complexities of partial fault in accidents can be daunting. At Bailey | Stock | Harmon | Cottam | Lopez LLP, we understand the challenges you face and are here to provide the legal support you need. Our experienced attorneys are dedicated to helping you understand your rights, manage financial implications, and take proactive steps to protect your interests. Contact us today at (307) 222-4932 to learn how we can assist you in your journey towards recovery and peace of mind.