What Does It Mean To Be Partially at Fault for a Car Accident?

What Does It Mean To Be Partially at Fault for a Car Accident?

You may still be able to get money after a car accident, even if you were partly at fault. How much you can get depends on how much fault you had and the laws in your state.

Key Takeaways

• More than one driver can share fault for the same crash.
• Arizona and California generally reduce compensation by your percentage of fault, while Colorado can bar recovery if your fault is too high.
• Insurance may still cover a crash when both drivers share fault. The amount you receive depends on the insurance coverage, the evidence of the crash, and your state’s laws.

Car accidents can be jarring experiences, even when the damage is relatively minor. If you were in a partial fault car accident, you may feel unsure about what to say, who pays for the damages and whether you can still bring a claim against insurance.

It can also be difficult to figure out who was responsible for causing the accident and what to do if you were fully or partially at fault for a car accident.

What Does Partial Fault Mean for Car Accidents?

“Partial fault” in a car accident refers to situations where more than one party is responsible for the crash. It doesn't always mean both drivers caused the crash equally. One driver may hold most of the responsibility while the other driver holds a smaller percentage of the blame.

For example, imagine two drivers approach an intersection. One driver runs a red light while the other is speeding through a yellow light. The driver running the red light is primarily at fault, but the speeding driver also contributed to the accident, making them partially at fault.

Sharing some of the fault in a car accident can affect the value of your personal injury claim. If your damages total $100,000 and you’re found 20% at fault, your recovery may be reduced by 20%.

In that example, the potential recovery would drop to $80,000. The exact outcome would depend on the state where the crash happened and the facts of the case.

Do Partial Fault Laws Vary by State?

Partial fault laws can vary from state to state. Most shared-fault rules fall into one of a few categories of negligence.

Because Sargon Law Group helps with cases in Arizona, California and Colorado, these examples show how different fault rules can affect the same type of accident.

Pure Comparative Negligence

Pure comparative negligence means fault can be split between the people involved in a crash. If you share some responsibility, your claim doesn’t automatically end. However, your share of fault can reduce the amount you may recover.

Arizona and California follow this approach in most ordinary negligence cases. A court or jury looks at each person’s role in the crash and adjusts damages based on your percentage of responsibility. For example, if your damages total $100,000 and you're 30% at fault, your potential recovery may drop by $30,000.

However, Arizona’s comparative negligence rule doesn't protect a claimant who intentionally, willfully or wantonly caused or contributed to the injury or death.

Modified Comparative Negligence

Colorado is one state that follows modified comparative negligence. This rule can reduce what you may recover, and it can also stop you from recovering anything if your share of fault is too high. In a typical two-driver crash, you generally must be less than 50% at fault to recover compensation from the other driver.

For example, if your damages total $100,000 and you are 20% at fault, your potential recovery may drop to $80,000. Colorado law may prevent recovery from the other driver if your share of fault is 50% or more.

Contributory Negligence

A few states, such as Alabama and North Carolina, use an even stricter rule called contributory negligence. Under this rule, you may lose the ability to recover damages if you share even a small amount of fault for the crash.

For example, another driver may turn left in front of you and cause a crash. However, the evidence may also show that you were driving slightly over the speed limit at the time. If a court or jury finds that your speeding played even a small role in causing the accident, contributory negligence could prevent you from recovering compensation.

How Is Fault Determined in a Partial Fault Car Accident?

After a car accident, fault is determined by using evidence, witness statements and sometimes expert testimony. Evidence that may affect fault includes:

• Police reports and citations
• Photos of vehicle damage and road conditions
• Traffic camera, dash camera or surveillance footage
• Statements from drivers, passengers and witnesses
• Cell phone records or vehicle data

In a more complex situation involving multiple vehicles, such as a pile-up, it can be much harder to determine fault. One driver may have been speeding, another may have followed too closely and a third may have failed to react in time. A car accident lawyer can take the time to carefully review the evidence and determine who may have caused or contributed to the crash.

What Happens If You Admit Fault in a Car Accident?

Admitting fault after a crash can make your claim harder to manage. If you said something like “I didn’t see you,” “I caused the crash,” or “It was my fault,” the insurer may use that statement against you. This is especially true when the comment accepts blame or appears in a police report, insurance note or recorded statement.

In a comparative fault state, the insurance company may try to reduce your payment based on your alleged share of fault. In a stricter contributory negligence state, even a small admission could create a bigger problem for your claim.

If you already made a statement that sounds like an admission of fault, a car accident lawyer can review the full context, compare it with the evidence and help respond to unfair fault claims.

Why You Shouldn’t Admit Fault Following a Crash

After an accident, avoid accepting legal blame or guessing about fault because evidence may later show that other factors contributed to the crash. For example, in a simple rear-end collision, the driver who rear-ends another vehicle is typically considered at fault. But what if the driver of the vehicle that was rear-ended suddenly stopped without reason or was driving erratically? They could also be found partially at fault.

Will Insurance Pay Out if You Are At Fault?

Insurance may still pay after a crash, even if you were fully or partly at fault. The coverage that applies depends on the situation. Liability insurance usually pays for injuries or property damage you caused to someone else. Collision coverage may help pay for damage to your own car, depending on your policy and deductible.

When both drivers share fault, the other driver’s insurance company may try to pay less. For example, if the other driver’s liability insurer says you were 40% at fault, it may try to reduce your injury or property-damage claim by 40%. But the insurance company’s first decision about who is at fault isn’t always final, especially if the evidence shows a different fault split.

Insurance companies may also disagree about who should pay. That can slow down your payout, lower settlement offers, or make it unclear who is responsible for medical bills, lost wages, and car repairs. A personal injury lawyer can review the insurance coverage, challenge an unfair fault decision and help you understand whether compensation may still be available to you.

You Can Still Seek Compensation When Partially at Fault in a Car Accident

If you were in a partial fault car accident, don’t think you have to handle the legal process alone. Contact Sargon Law today for a free consultation with one of our knowledgeable car accident attorneys. We’ll review your case thoroughly to determine the best course of action to pursue the compensation you deserve.