Being involved in a car accident is always a stressful experience, but the situation can become even more complex if you believe you were partially at fault. Many people assume that being partially responsible eliminates their ability to sue for damages, but this is not always the case.
The answer largely depends on your state’s laws and the circumstances of the accident. This article will explore whether you can sue if you are partially at fault, how comparative fault laws work, and what happens if you are entirely at fault.
The ability to sue after a car accident hinges on the degree of fault assigned to each party. In states that follow comparative fault systems, being partially at fault does not automatically bar you from recovering compensation. Here’s how it works:
Most states follow some form of comparative fault, which allows you to recover damages as long as your share of the fault is below a certain threshold (often 50% or 51%). However, your recovery amount will be reduced by your percentage of fault
A handful of states (Alabama, Maryland, North Carolina, and Virginia) follow the contributory negligence rule, which bars you from recovering any compensation if you are even 1% at fault. If you live in one of these states, suing while being partially at fault is not an option.
In City Cabs, Inc. v. Griffith, 194 Va. 818, 75 S.E.2d 487 (Va. 1953), the Supreme Court of Virginia affirmed a lower court’s ruling that denied the plaintiff of damages for its driver’s contributory negligence. In the instant case, the plaintiff’s driver failed to see the defendant’s car before entering an intersection, until it was within sixty feet of him in the intersection – the court held that the plaintiff’s driver failed to keep a proper lookout.
However, what would qualify as contributory negligence will differ in different situations. In Seaman v. McQueen, 51 N.C. App. 500, 277 S.E.2d 118 (N.C. Ct. App. 1981), the plaintiff entered an intersection on a green light and the defendant entered on a red light, following a school bus in such a manner that the defendant could not have safely stopped after noticing the red light.
The Court of Appeals was of the opinion that the plaintiff kept a proper lookout because he was sufficiently aware of what was going on to his left after seeing the school bus turn, and even if had looked to his left, his view of the defendant’s car would have been obscured by the bus.
Summarily, understanding your state’s fault system is critical in determining your ability to pursue legal action.
Comparative fault, also known as comparative negligence, is a legal principle used to allocate damages among parties based on their degree of responsibility for an accident. Here’s a closer look:
In states that follow pure comparative fault rules, you can recover damages regardless of your share of fault, even if you were 99% responsible. However, your compensation will be significantly reduced. For instance, if your damages total $20,000 and you are 70% at fault, you can recover $6,000.
Some of the states that currently follow this are California according to Cal. Civ. Code § 1714 and LI v. Yellow Cab Co., 13 Cal.3d 804, 119 Cal. Rptr. 858, 532 P.2d 1226 (Cal. 1975). Florida also follows the pure comparative fault according to Fla. Stat. § 768.81 which provide that in a negligence action, contributory fault will proportionately diminish the amount rewarded, but will not bar recovery.
Most states use modified comparative fault systems, where you can only recover damages if your fault is below a specific threshold, such as 50% or 51%. If your fault equals or exceeds this limit, you cannot recover compensation.
Some of the states where this rule operates are Georgia (Ga. Code Ann. § 5-12-33) and Idaho (Idaho Code Ann. § 6-801) where plaintiffs may not recover is they are 50% or more at fault. But in Indiana (Ind. Code § 34-51-2-6) and Texas (Tex. Civ. Prac. & Rem. Code § 33.001) plaintiffs may not recover if they are up to 51% or more at fault.
Comparative fault systems aim to distribute liability fairly, but they can make lawsuits more complex.
If you are entirely at fault for an accident, your legal options are significantly limited and you will not be able to recover from the other party. However, there are some other possibilities and scenarios to consider:
Even if you think you are fully responsible, the other party may share some degree of fault. A skilled attorney can investigate the facts and potentially uncover evidence of shared liability, such as:
If you are 100% at fault, your insurance will typically cover the other party’s damages up to your policy limits. However, if their damages exceed your coverage, you may be personally liable for the remaining amount.
If the other party sues you, hiring an attorney is crucial to mitigate your financial exposure and negotiate a fair settlement.
Regardless of your level of fault, gathering evidence is essential to protect your interests and potentially strengthen your case. Key forms of evidence include:
Strong evidence can shift the fault percentage and increase your chances of recovering compensation.
In cases involving partial fault, insurance settlement negotiations often reflect the comparative fault principles of the state. Insurance companies will assess the evidence and attempt to assign a fault percentage to reduce their payout. Here’s what you need to know:
Being well-informed and represented can help you navigate these challenges.
Hiring an attorney is one of the most important steps you can take if you are partially at fault in an accident. Here’s how a lawyer can help:
Without legal representation, you may be at a disadvantage when dealing with insurance companies or opposing counsel.
Being partially at fault for an accident doesn’t necessarily prevent you from suing for damages, but your ability to recover compensation depends on your state’s laws and the specific circumstances of the case. Understanding comparative fault systems, gathering strong evidence, and seeking legal advice are all crucial steps to protect your interests.
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