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Collecting Auto Accident Damages When Partially at Fault
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Can I still collect damages for my car accident injury?
If the other driver was not entirely responsible for the car accident that took place, the amount of money you may be able to recover in a settlement will be limited. In a small handful of states, you may not be able to recover any money at all.
The U.S. uses three standards to allocate settlement money based on fault: pure comparative negligence, modified comparative negligence, and contributory negligence. The system your case would use is determined by the state you live in.
Comparative Negligence
Comparative negligence is a partial defense standard used in most states. With comparative negligence, you can still recover settlement money even if you were partially responsible for the accident. There are two types of comparative negligence used today.
A handful of states follow pure comparative negligence, which subtracts the percentage of the plaintiff’s liability from the total possible damages. For example, if you’re found to be 20% at-fault for a car accident, then you would likely only receive 80% of the settlement amount.
The vast majority of states use modified comparative negligence, which is stricter on the at-fault driver. If the injured party was at least halfway responsible for the accident— either 50 or 51%, depending on the state— then they would not be allowed to recover any settlement money. If the injured party was less than halfway at-fault for the accident, then they would be able to collect a percentage of the total settlement like with pure comparative negligence.
However, if you are mostly or completely at fault for an accident, even in states with pure comparative negligence, you would most likely not be able to earn any money.
Contributory Negligence
Though most states employ comparative negligence, you unfortunately live in a state that uses contributory negligence if you live in North Carolina, Virginia, Maryland (including Washington D.C.) or Alabama.
If you live in one of these states, then you would not be able to recover any money whatsoever if you were partially responsible for an accident. Even if you were only 1% at-fault and the other party was 99% responsible, they would not have to pay you any damages. This all-or-nothing approach is unfair and antiquated, which is why most states have now replaced it with some form of comparative negligence.
File a car accident lawsuit
If you or a close family member got hurt in a car accident, you may be eligible to file a claim against the other driver and be compensated for your injuries.
Ready to file a claim ?
See if you’re eligible for an auto injury lawsuit.
Referenced Articles
- Bloomberg Law. (2023, January 3). Contributory and Comparative Negligence by State. Retrieved from https://pro.bloomberglaw.com/insights/litigation/contributory-and-comparative-negligence-by-state/
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