Understanding Comparative Fault
Comparative fault is a legal principle that assigns a percentage of responsibility to each party involved in an accident. This means:
- You can still recover compensation even if you were partially at fault
- Your total damages may be reduced by your percentage of fault
- Insurance companies may use this principle to lower payouts
How Your Compensation Is Affected
If you are partially at fault, your recovery is typically reduced according to your share of responsibility.
For example:
For example:
- Your damages total $100,000
- You are found 20% at fault
- Your recovery may be reduced to $80,000
Common Situations of Shared Fault
Partial fault may arise in situations such as:
- Failing to yield while another driver is speeding
- Misjudging a pedestrian crossing
- Contributing to a multi-car pileup
Protecting Yourself During the Process
To safeguard your rights:
- Avoid admitting fault at the scene
- Document the accident carefully with photos and witness info
- Seek prompt medical attention
- Consult an attorney before providing statements to insurers
When to Speak With an Attorney
If the insurance company claims you were partially at fault, speaking with a personal injury attorney can help protect your rights. Legal representation ensures fault is fairly evaluated and that you pursue the maximum compensation available under the law.