When you’re involved in a car accident, determining who is at fault can be a complex process. But what happens if both drivers share some of the blame? In these situations, comparative negligence comes into play. Comparative negligence allows multiple parties to be assigned a percentage of fault for an accident, which directly impacts the compensation each party can receive.
Even in no-fault states, comparative negligence can still affect your ability to recover certain types of compensation. If you’re dealing with a car accident where fault is being shared, it’s important to understand how comparative negligence works and how it may affect your settlement.
What Is Comparative Negligence?
Comparative negligence is a legal concept used to assign blame to multiple parties involved in a car accident. Instead of one driver being 100% responsible for the accident, both drivers can be assigned a percentage of fault.
For example, if one driver was speeding and another driver failed to yield at a stop sign, both drivers may be found partially at fault. The percentage of fault assigned to each driver affects the amount of compensation they can receive for their damages.
There are two main types of comparative negligence systems used in the U.S.:
- Pure Comparative Negligence: Even if you are 99% at fault, you can still recover 1% of your damages.
- Modified Comparative Negligence: You can only recover damages if you are less than 50% or 51% at fault (depending on the state).
Each state follows a different comparative negligence system. If you’re unsure how your state’s laws affect your ability to recover compensation, a Wright Gray Harris attorney can explain your rights and help you file a claim.
How Comparative Negligence Works in No-Fault Car Accidents
If you live in a no-fault state, your own insurance typically covers your medical expenses and lost wages, regardless of who caused the accident. This coverage is provided through Personal Injury Protection (PIP). However, comparative negligence can still impact certain aspects of your case.
Here’s how it works:
- Medical Expenses and PIP Claims: Since PIP coverage is “no-fault,” it generally pays for your medical expenses and lost wages without requiring you to prove who was at fault. Comparative negligence does not affect your ability to collect PIP benefits.
- Property Damage Claims: Comparative negligence can affect your ability to recover compensation for vehicle repairs, as this is handled outside of PIP coverage. If you share some degree of fault, your compensation may be reduced according to your percentage of fault.
- Lawsuits for Pain and Suffering: In no-fault states, you can only sue the at-fault driver if your injuries meet the state’s “serious injury” threshold. If a lawsuit is filed, comparative negligence rules will apply, and your recovery may be reduced if you are found partially at fault.
A Wright Gray Harris attorney can help you understand how comparative negligence applies to your specific situation and ensure you pursue every possible source of compensation.
How Fault Is Determined in Comparative Negligence Cases
Determining fault in a comparative negligence case is not always straightforward. Insurance companies, attorneys, and sometimes courts will evaluate the actions of each driver to assign a percentage of blame.
Key factors used to determine fault include:
- Police Reports: Officers at the scene often make a preliminary assessment of fault. If the report states that one driver violated a traffic law, that driver is more likely to be assigned a larger percentage of fault.
- Traffic Violations: If one driver was speeding, ran a red light, or failed to yield, they may be assigned a higher percentage of fault.
- Witness Testimony: Witnesses who saw the accident can describe the actions of each driver, helping to establish who was responsible.
- Dashcam or Traffic Camera Footage: Video footage provides objective proof of driver behavior and can clearly show if one driver ran a red light or engaged in reckless driving.
- Accident Reconstruction: In some cases, accident reconstruction experts may be brought in to analyze skid marks, vehicle damage, and the point of impact to determine how the crash occurred.
Insurance companies use all of this evidence to assign a percentage of blame to each driver. However, they may try to assign you a higher percentage of fault to reduce their payout. This is where a Wright Gray Harris attorney can step in to challenge the insurance company’s findings and advocate for a fair distribution of fault.
How Comparative Negligence Affects Your Settlement
If you are found partially at fault for a car accident, your compensation may be reduced according to your percentage of fault. This is how it works:
If you are 20% at fault, you can only recover 80% of your total damages. For example, if your total damages are $10,000, you would only be able to recover $8,000 (because 20% of the $10,000 is deducted).
Here’s a simple breakdown of how it works in practice:
- Total Damages: $10,000
- Your Percentage of Fault: 20% (meaning you are responsible for 20% of the damages)
- Amount Deducted: $2,000 (20% of $10,000)
- Total Amount You Can Recover: $8,000
If you live in a state that follows a modified comparative negligence rule, you may be barred from recovering compensation if you are found to be 50% or 51% at fault.
A Wright Gray Harris attorney can review your case and push back if the insurance company tries to assign you too much blame. By reducing your percentage of fault, your attorney can increase your settlement payout.
What Should You Do If You’re Partially at Fault for an Accident?
If you believe you may be partially at fault for a car accident, don’t panic. You still have the right to seek compensation, but it’s important to take the right steps to protect yourself.
- Don’t Admit Fault: Never admit fault at the scene of the accident or when speaking with the insurance company. Your statement could be used against you.
- Collect Evidence: Take photos and videos of the accident scene, vehicle damage, road conditions, and traffic signs.
- Get Witness Information: If there were witnesses to the crash, ask for their contact information. Witnesses can support your version of events.
- Contact a Wright Gray Harris Attorney: An attorney can protect you from being unfairly blamed for the accident. They will gather evidence, challenge the insurance company’s assessment of fault, and ensure you receive the maximum settlement possible.
How a Wright Gray Harris Attorney Can Help With Comparative Negligence
Proving fault is one of the most important parts of a car accident case, but insurance companies often try to shift as much blame onto you as possible. If you don’t have legal representation, you could be assigned a higher percentage of fault than you deserve — reducing your compensation.
A Wright Gray Harris attorney can help you:
- Challenge Fault Assignments: If the insurance company assigns you too much fault, your attorney will challenge their findings using evidence, witness testimony, and expert analysis.
- Negotiate a Higher Settlement: Your attorney will negotiate with the insurance adjuster to ensure you’re not unfairly blamed and that you receive full compensation for your damages.
- File a Lawsuit If Necessary: If settlement negotiations fail, your attorney can file a lawsuit and present evidence to a judge or jury to prove the other driver’s negligence.
With a Wright Gray Harris attorney on your side, you’ll have a skilled advocate who will protect your rights and fight for the compensation you deserve.
Contact Wright Gray Harris
If you’ve been in a car accident where fault is being shared, understanding comparative negligence is crucial to protecting your right to compensation. Insurance companies often try to assign you more fault than you deserve, but you don’t have to accept their assessment.
At Wright Gray Harris, our experienced car accident attorneys know how to challenge unfair fault assignments, gather evidence, and fight for the compensation you deserve. We’ll work to reduce your percentage of fault and maximize your payout.
Don’t let the insurance company reduce your settlement unfairly. Call Wright Gray Harris today for a free consultation. We’ll review your case, explain your legal options, and fight to get you the best possible outcome.
Call now to schedule your free consultation.