Can I Still Pursue Compensation If I Was Partially at Fault for My Injuries?

Suffering an injury due to an accident is a distressing experience. However, many victims hesitate to pursue legal action because they believe they are partially responsible for their injuries. The good news is that, in many cases, you may still be entitled to compensation—even if you were partially at fault.

Below we will explore the concept of comparative negligence, how fault is determined, and how you can still seek compensation for your injuries. If you want to know more about your specific case, contact Morgan & Morgan today for a free case evaluation—at no charge and no obligation.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to determine liability and compensation when multiple parties share responsibility for an accident. Instead of barring a plaintiff from recovering damages if they contributed to the accident, comparative negligence reduces the amount of compensation based on the plaintiff’s level of fault.

There are two primary types of comparative negligence systems:

1. Pure Comparative Negligence

Under a pure comparative negligence system, an injured party can recover damages even if they were 99% at fault. However, the amount of compensation is reduced in proportion to their degree of fault. For example, if you are found to be 30% at fault for an accident and the total damages amount to $100,000, you would still be able to recover $70,000.

States that follow pure comparative negligence include:

• California
• Florida
• New York
• Louisiana

2. Modified Comparative Negligence

Most states follow a modified comparative negligence system, which sets a threshold for recovery. Typically, an injured party can recover compensation only if they are less than 50% or 51% at fault (depending on the state’s specific rule). If the plaintiff's fault exceeds this threshold, they are barred from recovering any compensation.

States that follow modified comparative negligence include:

• Texas (51% threshold)
• Georgia (50% threshold)
• North Carolina (barred under contributory negligence—see below)

Who’s to Blame? Determining Fault in an Accident

Establishing fault in an accident involves gathering evidence, witness testimonies, and expert analysis. Insurance companies, law enforcement officers, and legal professionals will assess various factors to determine fault. Common pieces of evidence include:

• Police Reports: Official accident reports often include assessments of fault based on officer observations.
• Witness Statements: Third-party accounts can provide an unbiased perspective on what happened.
• Surveillance Footage: Video recordings from traffic cameras, security cameras, or dashboard cams can be used to support your claim.
• Accident Reconstruction: Experts analyze the scene, vehicle damage, and other factors to determine how the accident occurred.
• Medical Records: These can establish the extent of injuries and link them to the accident.

How Partial Fault Affects Compensation

If you are partially at fault, the percentage of fault assigned to you directly impacts the amount you can recover. Let’s examine different scenarios:

Scenario 1: Pure Comparative Negligence (California)

Imagine you are a pedestrian crossing the street outside of a crosswalk when a speeding driver hits you. A court determines that you were 20% responsible for jaywalking, while the driver was 80% responsible for speeding. If your damages amount to $200,000, you would still recover $160,000 after the 20% deduction.

Scenario 2: Modified Comparative Negligence (Texas – 51% Rule)

Suppose you were involved in a car accident where you were texting while driving, but the other driver ran a red light. The court finds you 40% responsible and the other driver 60% responsible. If your total damages were $100,000, you could still recover $60,000. However, if you had been found more than 51% at fault, you wouldn’t be able to recover anything.

Scenario 3: Contributory Negligence (North Carolina)

Some states, like North Carolina, follow contributory negligence rules, which bar recovery if you are found even 1% at fault. This harsh rule can prevent injured parties from obtaining any compensation unless they can prove they had no role in causing the accident.

Can an Attorney Help Reduce My Level of Fault?

Yes. An experienced personal injury attorney can work to minimize your percentage of fault, increasing the amount of compensation you can receive. Attorneys use strategies such as:

• Gathering Additional Evidence: Attorneys can uncover surveillance footage, obtain expert testimonies, and locate additional witnesses to challenge claims of shared fault.
• Challenging Insurance Adjusters: Insurance companies often try to assign higher fault percentages to minimize payouts. A lawyer can negotiate with insurers and challenge unfair determinations.
• Proving the Greater Negligence of the Other Party: By demonstrating that the other party’s negligence was more substantial, attorneys can reduce your liability percentage.
• Filing a Lawsuit if Necessary: If insurance negotiations fail, an attorney can take the case to court to fight for the compensation you deserve.

What Compensation Can I Recover If I’m Partially at Fault?

Even if you share fault in an accident, you may still be entitled to recover damages, including:

Economic Damages

These are measurable financial losses that result from the accident, including:

• Medical expenses (hospital bills, surgeries, therapy, prescriptions)
• Lost wages due to time off work
• Property damage (vehicle repairs or replacement)
• Future medical costs and lost earning capacity

Non-Economic Damages

These damages are less tangible but can significantly impact your life, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disfigurement or disability

Punitive Damages

In cases where the other party acted with extreme recklessness or intentional misconduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

Steps to Take If You’re Partially at Fault for an Accident

If you believe you were partially at fault for your injuries, take these steps to protect your rights:

• Seek Medical Attention Immediately: Your health comes first. Prompt medical care also creates a record of your injuries and can be crucial evidence.
• Gather Evidence: Take photos, get witness contact information, and obtain a copy of the police report.
• Avoid Admitting Fault: Even a simple apology at the scene can be used against you in determining fault.
• Contact Morgan & Morgan: A personal injury attorney can evaluate your case, explain your rights, and help maximize your compensation.

Morgan & Morgan Is Here to Help

Being partially at fault for an accident does not necessarily mean you cannot recover compensation. Many states follow comparative negligence laws that allow you to seek damages even if you share some blame. However, your compensation will be reduced by your percentage of fault.

An experienced personal injury attorney at Morgan & Morgan can help challenge excessive fault assignments, negotiate with insurance companies, and ensure you receive the maximum compensation possible. 

If you’ve been injured and believe you may be partially at fault, contact Morgan & Morgan today for a free case evaluation and learn more about your personal injury claim at no charge and no obligation.