When it comes to car accidents, determining who is at fault isn’t always straightforward. Often, more than one party contributes to the accident, raising questions about how liability and compensation are divided. This is where “comparative fault” comes into play—a legal concept that allows each party to bear some responsibility for the accident based on their level of fault. Understanding how comparative fault works can make a significant difference in how much compensation you may be eligible to receive in a car accident case.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle used to assign a percentage of fault to each party involved in an accident. If multiple drivers share responsibility for an accident, the court or insurance companies calculate each party’s degree of fault. This percentage of fault then impacts the compensation amount a party can recover. For instance, if you’re 20% at fault for an accident, your compensation might be reduced by 20% to reflect your partial responsibility.
Types Of Comparative Fault Systems
There are three main types of comparative fault systems used in the United States:
- Pure Comparative Fault: Under this system, an injured party can recover damages even if they are 99% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if your total damages are $100,000 but you are 70% at fault, you would still be eligible for $30,000.
- Modified Comparative Fault (50% Bar Rule): This system allows you to recover damages only if your fault does not exceed 50%. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. However, if you’re more than 50% at fault, you cannot recover any damages.
- Modified Comparative Fault (51% Bar Rule): Similar to the 50% rule, this version bars recovery if your fault is greater than 51%. So, if you’re 51% or more at fault, you cannot recover any damages. If your fault is 50% or less, a car accident lawyer can help you obtain compensation with a reduction based on your fault percentage.
How Comparative Fault Affects Car Accident Claims
In states that follow comparative fault laws, insurance companies and courts carefully assess the actions of all parties involved to assign fault percentages. Evidence such as accident reports, witness statements, traffic camera footage, and expert testimony is analyzed to determine each party’s contribution to the accident. Even seemingly minor factors—like speeding a little over the limit or failing to signal—can contribute to a fault percentage that impacts your claim.
Why It’s Important To Have Legal Representation
Determining fault in a car accident can be a complex process. Insurance adjusters often try to assign higher fault percentages to reduce their company’s payout, which can leave you with a lower settlement than you deserve. A car accident lawyer can help investigate the accident, gather evidence, and negotiate on your behalf to ensure that the fault percentage assigned to you is fair and accurate.
Final Thoughts
Understanding comparative fault is crucial for anyone involved in a car accident, especially in states that follow this system. Knowing how fault percentages affect your compensation can help you make informed decisions about your case. With the right legal support from our friend at Law Firm of Edward Blinder, PLLC, you can navigate these complexities and pursue the compensation you need to cover medical expenses, lost wages, and other damages.