Can You Collect Compensation When You Were Partially at Fault for an Accident?

Car accidents can be extremely traumatic experiences. On top of the trauma, you can suffer severe injuries that are likely to become a drain on your bank account. If you’ve recently been in a car accident and it was the fault of the other driver, you may want to think about filing a personal injury claim. What happens if you had some blame in the accident also? You may still be able to file a claim. Here is what you need to know about comparative fault.

Understanding Comparative Fault

Comparative fault, in most states means that you can file a claim for personal injury if you were less than 50 percent at fault. For instance, if you are in an accident because you were speeding but another car sped through a stoplight, then you may not be the only one at fault. In fact, you may not even be the most at fault. Another example involves seatbelts. If you were injured because you didn’t have a seatbelt on, but the accident wouldn’t have occurred without the other driver’s negligence, then the other driver would be more at fault than you are.

In some states, it doesn’t matter how much of the accident is your fault. If you are even slightly at fault, then you may not be able to file a personal injury lawsuit at all. In other states, you can still file a claim, even if you are mostly at fault. You simply would lose a percentage of the damages from the accident.

Understanding When to File a Claim

If you aren’t sure whether or not you should file a claim, it’s important that you gather all of the appropriate documentation and evidence. Evidence from your accident will help to determine who was at fault and who can file a personal injury lawsuit. If you were recently in a car accident, it can help to speak with a lawyer about your case to find out if you can still file, despite being partially at fault.

After sustaining injuries in a car accident, you could be eligible for compensation. Just because you may have been at fault in some respect does not mean that your case will be thrown out. In fact, if you were less than half at fault, you may still be able to file a claim. To discover your options and to find out if you have a personal injury claim, consider contacting a personal injury lawyer, like a personal injury lawyer in Trenton, NJ, to set up a consultation.


Thank you to the experts at Davis & Brusca, LLC for their insight into personal injury and the law.