What If I’m Partially at Fault for My Injury?

Kaiser Romanello Accident & Injury Attorneys
Phone Number: 844-877-8679

What If I’m Partially at Fault for My Injury?
If you’ve been hurt in a car accident or an auto accident, you might wonder whether you can still pursue a personal injury claim if you’re at fault to some degree. Under comparative negligence principles, being in a fault state doesn’t automatically bar you from seeking damages. Understanding how comparative fault applies, especially if you’re facing serious injuries or vehicle damage, is crucial. Below, we’ll explore how partial fault influences a personal injury caseand what steps you can take to protect your interests.

1. How Comparative Negligence Works

Most states follow some form of comparative negligence laws. These laws determine how the degree of fault is distributed among all parties. If you and another motorist both contributed to the car crash, the court or insurance company may assign each party a percentage of blame. In a pure comparative negligence system, you can recover damages even if you’re 90% at fault, though your amount of compensation is reduced by your share of fault. Some states use contributory negligence, meaning you cannot recover if you’re even 1% responsible. Understanding which system applies in your region is key to a successful personal injury case.

2. At-Fault Drivers and Partial Responsibility

In a car accident, multiple factors can indicate who is at fault. A red light violation, speeding, or failing to yield are all red flags. Even if you believe you’re an at-fault driver, you might only bear partial responsibility. For example, you could have been speeding while the other driver ran a red light. Each party’s degree of fault then matters. Comparative fault principles ensure that if the other driver was more responsible, you may still recover some damages for your pain and suffering, medical bills, and property damage.

3. Role of Insurance Companies and Adjusters

After a car accident, an insurance company will likely assign adjusters to investigate the car accident case. They look at the police report, photos of the vehicle damage, and any witness statements. If you’re partially at fault, the insurance company—whether it’s your own insurance or the other party’s—may try to reduce the amount of compensationoffered. This is where having a personal injury attorney can make a difference. Your lawyer can negotiate with the driver’s insurance company to ensure your legal options are fairly considered.

4. Comparative Negligence in Personal Injury Law

Comparative negligence is a critical concept within personal injury law. When you file a personal injury claim, the court examines how each person’s actions contributed to the car accident. Even if you’re partially at fault, you may still have a strong personal injury case under the right circumstances. For instance, if the at-fault driver was excessively speeding or intoxicated, they bear a larger share of liability. A thorough analysis of car accident claim details—like the police report and any available video footage—helps establish the percentage of blame.

5. How a Personal Injury Lawyer Can Help

You may hesitate to seek legal advice if you think you’re at fault for an accident. However, a personal injury lawyer or car accident attorney can clarify your rights and guide you through the insurance claim process. Our law firm, Kaiser Romanello Accident & Injury Attorneys, has secured favorable verdicts for clients who assumed they wouldn’t recover anything because they shared fault. During a free consultation or free case evaluation, you can discuss medical expenses, injury lawsuit possibilities, and what an attorney-client relationship entails.

6. Practical Steps to Strengthen Your Claim

1. Gather Evidence: Take photos of the car accident scene, your injuries, and any property damage.
2. Get a Police Report: A detailed police report can be persuasive if it supports your account of the event.
3. Review Insurance Policy: Check both your own insurance coverage and the other party’s insurance policy to understand what’s available.
4. Consult a Law Firm: Reach out to a personal injury attorney for in-depth guidance. Even partial negligence doesn’t necessarily kill your case.
5. Track Medical Bills: Keep a record of all medical bills and receipts to show the financial impact of your injuries.

7. FAQs and Next Steps

Many clients have faqs about comparative negligence and how it influences an auto accident or car accident case. In some instances, the party’s insurance might still offer a settlement, but it might be lower if you’re deemed partially at fault. It’s crucial to understand that a partial role in the incident does not always prevent you from seeking compensation. If you’re unsure about your degree of fault or legal options, our law firm can help clarify your standing.

Speak With a Personal Injury Attorney

Whether you were in a car crash caused by an at-fault driver or believe you share responsibility, getting legal advice as soon as possible is vital. We at Kaiser Romanello Accident & Injury Attorneys welcome your calls at our phone number, 844-877-8679, for a free consultation. We’ll discuss potential insurance claim strategies, injury lawsuit details, and how comparative negligence could affect your case.

Final Thoughts

Being partially at fault for your personal injury does not necessarily prevent you from recovering damages for your pain and suffering, medical expenses, and other losses. Comparative negligence and pure comparative negligencesystems allow you to pursue compensation, albeit reduced by your share of responsibility. By working with a qualified personal injury attorney or car accident attorney, you can fight for a fair settlement or court award—even under partial fault conditions. Don’t hesitate to explore your options; you deserve a chance to recover, no matter the fault state.

We’re here to help you navigate your personal injury case—even if you believe you are partially at fault.