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Can You Recover Damages If You Are Slightly At Fault for a Car Accident?

Recovering damages after a car accident can be a very overwhelming process. This becomes even more complicated when both parties or drivers share responsibility for the accident. Many people wonder if they can get compensated when they are partly at fault.

Well, receiving a settlement after a car accident largely depends on the specific laws of your state. Also, how fault is assigned in your case will determine whether or not you will get any compensation.

In this article, we will discuss comparative negligence laws and how these affect your ability to receive compensation.

What is Fault in Car Accidents?

Fault is the level of responsibility each party is assigned after an accident. Determining fault is very important, as it shows who will pay for the damages and the amount of compensation you will get.

Slight fault, also known as partial fault, means that you contributed to the accident but your actions were not the main cause of the crash.

Understanding Comparative Fault

Comparative fault refers to how damages are allocated when more than one party is responsible for an accident. Through this legal concept, injured parties can receive compensation based on the percentage of fault.

There are three main types of negligence:

1. Pure Comparative Negligence

Under pure comparative negligence, you are allowed to recover damages regardless of the percentage you are at fault. However, the amount of compensation will be reduced according to the percentage at fault. For instance, if you are found to be 20% at fault and get awarded $10,000 in damage, you will walk away with $8,000.

2. Modified Comparative Negligence

In this negligence standard, you can only get compensation if your fault level doesn’t reach or exceed a certain percentage, which is mostly 50%. If you are found to be 51% at fault or equally responsible, you may not be able to recover any damages.

3. Contributory Negligence

In these cases, you cannot recover damages if you are found to be partially at fault. If your actions contributed in any way to the accident, you may be left without an option to get compensation.

Can You Recover Damages If You Are Slightly At Fault?

Yes and no. The ability to recover damages when you are slightly at fault depends on the laws of your state. If your state operates under pure comparative negligence, you can recover a certain percentage as long as you can prove the other party was at fault.

For states that use modified comparative negligence, like Arkansas and Georgia, you cannot recover damages if your percentage is above the threshold.

These systems ensure fairness by compensating people based on their degree of negligence.

Factors That Affect Your Compensation

Apart from state laws, here are other factors that affect the compensation you receive when at fault:

Insurance Adjusters

Insurance adjusters always evaluate fault based on evidence like police reports, witness statements, and accident scenes. Sometimes, insurers may assign a higher percentage of fault to reduce their payout.

Evidence Available

Evidence is very important when it comes to assigning fault. Clear evidence like dashcam footage, expert testimony, and photos of the accident can help minimize your percentage of fault and maximize the compensation you get.

Legal Representation

An experienced attorney can help in increasing your compensation. They can challenge high fault percentages, negotiate with insurance companies, and ensure you get a fair settlement. They can also present evidence that will favor your claim.

Conclusion

Being slightly at fault in an accident doesn’t mean you will not get any compensation. Whether or not you can recover damages depends on your state and the percentage at fault. It is important to hire an experienced lawyer to ensure your claims are handled fairly and your interests are protected.

 
 
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