Can I Still Receive Compensation If I Was Partially At Fault?

Accidents can happen in an instant, and often, the circumstances are not always straightforward. It is not uncommon for more than one party to share responsibility for a personal injury accident.

If you have been hurt in a motorcycle accident but believe you may be partially at fault, you might wonder whether you’re still eligible to recover compensation. The good news is that the answer is often yes. However, it depends on the laws in your state and the specifics of your case.

In this article, we’ll break down how fault is determined and explain the legal principles that apply when multiple parties share blame. We will also explain what to expect if you pursue a personal injury claim while bearing some responsibility for the accident.

Understanding Fault in Personal Injury Cases

In personal injury claims, “fault” refers to legal responsibility for an accident or injury. To successfully recover compensation, you typically need to prove that another party acted negligently and that their negligence caused your injuries.

However, situations aren’t always black and white. There are many instances where multiple parties, including the injured person, share some degree of blame.

There are 3 main legal doctrines used to determine how compensation is handled when more than one party is at fault.

Pure comparative negligence

In states that follow pure comparative negligence, an injured party can still recover damages even if he or she is 99 percent at fault. However, your compensation is reduced by your percentage of fault. `

For example, if you were awarded $100,000 in damages but were found to be 40 percent at fault, you would still receive $60,000.

Modified comparative negligence

Most states follow a version of modified comparative negligence. This rule allows an injured party to recover compensation even if he or she is less than 50 percent or 51 percent at fault, depending on the state. Your compensation will be reduced based on your degree of fault.

There are two main types of modified comparative negligence: the 50 percent bar rule and the 51 percent bar rule.

Under the 50 percent bar rule, you can recover damages only if you were 50 percent or less at fault. Under the 51 percent bar rule, you can recover damages only if you were 50 percent or less at fault.

What if your level of fault exceeds the threshold? You are barred from recovering compensation.

Contributory evidence

A few states still adhere to the much stricter contributory negligence rule. Under this rule, any degree of fault – even 1 percent – bars you from recovering any compensation.

This can lead to harsh results and makes legal representation especially critical.

How Fault Is Determined in Personal Injury Cases

Determining fault typically involves a thorough investigation, which may include:

Police reports: Especially in car accidents, law enforcement reports can help establish the facts of the case
Witness statements: Independent accounts can clarify what happened
Photographic and video evidence: Dashcams, surveillance footage, or photos from the scene can be critical
Expert analysis: Accident reconstruction experts, engineers, or medical professionals may be called upon to analyze the incident
State traffic or safety laws: Violations of specific regulations can indicate negligence

Insurance companies and opposing attorneys may try to assign you more blame than you deserve to reduce their liability. This is why it is necessary to have an experienced personal injury lawyer who can advocate for your best interests and ensure the evidence is properly presented.

Examples of How Partial Fault Affects Compensation in Personal Injury Cases

To better understand how partial fault impacts a personal injury claim, here are some practical examples of how compensation would be awarded in comparative negligence states.

Example 1: Car accident

You were hit by another driver who ran a red light, but you were speeding at the time of the crash. After the investigation, you were found to be 30 percent at fault, and the other driver is 70 percent at fault.

Total damages: $50,000

Your fault: 30 percent

Compensation: You would receive $35,000 ($50,000 minus 30 percent)

Example 2: Slip and fall

You slipped on a wet floor in a grocery store with no warning sign. However, you were distracted by your phone and didn’t notice the hazard.

The store is found 80 percent at fault for failing to warn of the danger, and you’re 20 percent at fault for not paying attention.

Total damages: $20,000

Your fault: 20 percent

Compensation: You would receive $16,000 ($20,000 minus 20 percent)

Example 3: Motorcycle accident

You were riding your motorcycle 15 miles over the posted speed limit when a driver made an illegal turn and hit you. You were found to be 55 percent at fault.

If your state follows a modified comparative fault rule, you would be unable to recover compensation because your share of fault is over 51 percent.

If your state uses pure comparative fault, you could still recover 45 percent of your damages.

Can a Personal Injury Attorney Help Reduce Your Level of Fault?

A skilled personal motorcycle accident lawyer plays an important role in protecting your rights, especially when partial fault is an issue.

Consider some ways your lawyer can help:

Conduct a thorough investigation: Your lawyer will gather evidence that supports your version of events. He or she will use this evidence to show that your fault, if any, was minimal.
Challenge the insurance company’s findings: Insurance adjusters often try to assign an unfairly high percentage of fault to reduce the payout. An experienced lawyer can challenge these findings, present counter-evidence, and negotiate on your behalf.
Develop a strong legal strategy: Personal injury lawyers will be knowledgeable of the negligence laws in your state. Your attorney can form a legal strategy that emphasizes the other party’s liability, helping to shift or minimize fault.
Negotiate fair compensation: Even if you are partially at fault, your lawyer will work to ensure that your compensation reflects the true extent of your injuries, not just the percentage assigned by the insurer.

Don’t Let Partial Fault Stop You From Pursuing a Personal Injury Claim

Being partially at fault doesn’t mean you have to face the financial consequences of a motorcycle accident alone. Every percentage matters, and with the right legal guidance, you can still pursue the recovery you deserve.

At Johnston Attorneys Group, we’re committed to helping you navigate the complexities of comparative fault and fighting for every dollar you’re entitled to receive.

If you have been injured and are unsure where you stand, don’t leave your future to chance. Contact us today to schedule a free consultation. Let us help you move forward with confidence.