Can I Get Compensation If The Accident Was My Fault?

Accidents in At-Fault States

The majority of states in the nation have fault-based systems when it comes to traffic accidents. These states require that you demonstrate that another party’s conduct is responsible for the collision before you can recover any losses.

If you’re in a collision and are partly to blame for the accident, it’s essential to know whether your state follows contributory or comparative negligence. That can make a difference in whether you’re entitled to receive some compensation or not.

Comparative negligence is a principle of tort law that can be used to reduce the amount of damages you receive if you were partly to blame for the collision. Some states follow pure comparative negligence, which allows you to recover even if you were 99% to blame, but the majority have modified comparative negligence laws.

Modified comparative negligence relies on either the 50% or 51% bar rule. In a state with a 50% bar rule, you may not recover losses if you were 50% or more at fault for the accident. Whatever you receive in damages will be reduced by your percentage of fault.

Contributory negligence is the doctrine that Virginia, Alabama, Maryland, North Carolina and D.C. use. In these states, you are not allowed to recover losses if you were in any way responsible for the accident. Even if you’re assigned only 1% of the fault, you can’t receive any compensation for your losses.

Accidents in No-Fault States

There are 12 states that have no-fault laws, with three of these being “choice” no-fault. If you are in a car accident in these states, you can file with your personal injury protection (PIP) insurance to receive compensation for medical expenses and a percentage of lost wages up to your policy limit.

You don’t have to prove fault when you file with your PIP insurance, so you can still recover losses if you were to blame for the collision. Complications would only arise if you suffered serious injuries that your PIP won’t cover and which allow you to step outside of no-fault laws. If that’s the case, then the same rules that at-fault states have come into play.

How Is Fault Determined in a Car Accident?

One of the first things that a lawyer and insurance adjuster will do is start gathering evidence to determine fault. Sometimes, drivers make the mistake of apologizing or claiming fault right after an accident, and that can be used against them later on. It’s one of the reasons why lawyers always remind you not to speak with the other driver except to get their information.

Evidence that can demonstrate liability can include photos and videos taken at the scene of the accident, as well as footage from traffic cameras and other surveillance options. The police report is invaluable since it provides information on what the officers saw at the scene and what they determined was the cause of the crash.

Witness statements are another factor that can help determine fault and impact a car accident settlement or lawsuit. Eyewitnesses are particularly helpful, especially if they’re not passengers in either of the vehicles involved. Your lawyer can depend on expert witnesses to offer testimony on what happened.

Keep in mind that you'll need a lawyer to help, especially if you hold a percentage of fault. Small details - like having no registration because you bought a new car - won't affect how the accident occurred but can still be used against you in a lawsuit to imply negligence. The other party’s insurance will do everything possible to place as much of the blame on you, which could leave you unable to recover losses. An attorney will fight for fairness during negotiations.

What if Both Drivers Share Fault?

Sometimes, a car accident is completely the fault of one driver. But in many cases, negligence on the part of both drivers led to the crash. Here’s what recovering compensation might look like if both drivers are partly to blame.

In At-Fault States With Comparative or Modified Comparative Negligence Laws

In these states, you can generally recover compensation after car and motorcycle accidents if you were partially at fault, as long as you don’t exceed your state’s “bar” rule.

For example, Arkansas is a 50% bar rule state. This means that, as long as you are less than 50% at fault, you can still recover compensation. However, the money you’re awarded will be reduced in proportion to your fault.

To get an idea of what this principle looks like in practice, imagine you get into a car crash in Arkansas, and you’re determined to be 20% at fault. If you’re awarded $100,000 in compensation, that amount must be reduced by 20%. That means you ultimately receive $80,000.

In At-Fault States With Contributory Negligence Laws

If you’re in a state with contributory negligence laws, sharing fault for your accident in any way means that you may not recover compensation at all.

In No-Fault States

Some no-fault states allow you to sue an at-fault driver if your injuries meet a certain threshold. For example, in the no-fault state of Florida, you can sue the other driver if your injuries meet the statutory definition of “serious.”

So what happens if you’re allowed to sue but were partially at fault? Florida is a modified comparative negligence state, which enables you to recover damages if you were 50% or less at fault. If you manage to recover compensation, it will be reduced by your percentage of fault.

Filing a Claim if You’re at Fault

In the immediate aftermath of a car accident, it can be difficult to determine who was at fault. Whether you think you were responsible for the accident or not, it’s often a good idea to file a claim with your insurance company. If you caused the accident and the other driver files a car accident lawsuit, your insurance company will defend you.

Before you file a claim, make sure you have the following information ready:

• Your insurance policy number
• A description of what happened
• The time, date and location of the accident
• Contact and insurance information of other involved drivers
• Contact information for any witnesses, if available

After you file your claim, your insurance company will investigate the accident. If you are liable, your policy should pay for the other driver’s damages.

Filing a Claim With Help From a Car Accident Attorney

Being in a car accident can leave you battling injuries that could leave you with significant medical expenses and the inability to work while you recover. To be able to file a claim and receive compensation, most states require that you demonstrate another party was responsible for the accident. That’s not always easy to do.

If you were partly at fault for the accident, it’s essential that you hire experienced attorneys to help you through the process. Even if you’re not sure whether your claim will be significantly impacted by your degree of fault, always work with a lawyer so that you have the best possible chance of recovering losses.

At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. Contact our team to learn more about how we can help.