What happens if I partially caused the accident

Comparative negligence rules

Most states use comparative negligence, meaning your compensation is reduced by your percentage of fault. If you're 20 percent at fault and damages total 10,000 dollars, you receive 8,000 dollars. Some states use pure comparative negligence, allowing recovery even if you're 99 percent at fault. Others use modified comparative negligence, preventing recovery if you're more than 50 percent at fault. The rule depends on your location.

How fault is determined

Judges and juries review evidence of both parties' actions. Expert testimony, accident reconstruction, and witness statements help determine percentages. Insurance companies argue for higher percentages against you. Your lawyer argues for lower percentages. Negotiations include dispute over fault percentages, not just settlement amount.

Partial fault doesn't eliminate claims

Even if you contributed to the accident, you may still recover. A driver partially distracted who gets hit by a speeding driver can still claim against the speeder. Your own minor negligence doesn't automatically bar recovery if the other party was substantially more negligent. Discuss your specific situation with a lawyer to understand how partial fault affects your case value.