I Am Partially Responsible for the Accident — Can I Still Seek Compensation?

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Car accident involving Honda Civic and pick up truck

If you were in a car accident, you might learn that the other driver was at fault for the accident. This means that you may recover compensation from them to cover your medical and other expenses related to your injuries and losses. However, in other cases, the situation is not so clear, and both parties may be found to be at fault for the accident to a certain degree. If this has happened to you, lawyers Wattel & York want you to know that, depending on the state where you live, there may still be a way for you to seek compensation, despite your degree of liability. Read on to find out how that would work.

How Much Compensation Can You Hope to Receive When You Are Partially at Fault for the Accident?

The concept of comparative fault means that fault is divided among the parties involved in the accident. How fault is divided will depend on the specific details of the accident. So, you may end up with more or less than what you expected.

Comparative fault law uses two different subsystems in these cases. These are:

Pure Comparative Fault

Some states use pure comparative fault. This means that you are still eligible to receive compensation even if you are found to be partially at fault for the accident. Even in cases where your fault is found to be 70 percent, you can still fight to recover compensation for the 30 percent that the other party is liable for.

Modified Comparative Fault

Under this subsystem, a party found to be at fault may still pursue compensation after an accident. However, if you are found to be more than 50 percent liable for the accident, you may lose the right to pursue this compensation.

Get Legal Help

These laws can be complicated even for legal professionals. Trying to get your fair share of compensation without legal representation means you will likely leave money on the table simply because you do not know how to proceed or what your rights are.

As a matter of fact, it is not uncommon for insurance companies to claim that because you were found to be partially responsible for the accident, there is nothing they can do to help you. They generally rely on the fact that most people would not be aware of the full extent of their rights regarding recovering compensation after being in an accident. They may hope that you will feel defeated and simply choose to walk away without pursuing your claim further.

What Damages Can You Collect?

You may still be owed compensation for your injuries and losses regardless of how much you were found to be at fault for your accident. You may be eligible to pursue compensation for the following:

  • Medical expenses – Bills for doctor’s visits, hospital stays, rehabilitation, and other treatments.
  • Lost wages – If your injuries have prevented you from going back to work, you should be compensated for the income you are missing out on.
  • Property damage – If your car or other property was damaged during the accident.
  • Pain and suffering – If you have endured any mental, emotional, or physical pain due to the accident.

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