You were checking your phone at a red light when another driver ran the light and crashed into you. Or maybe you were driving slightly over the speed limit when someone made an illegal left turn in front of your car. You’re injured, but you’re also worried that your own actions might prevent you from recovering any compensation. The good news is that in most states, partial fault doesn’t automatically disqualify you from pursuing a claim.
Our friends at Law Offices of Arcadier, Biggie & Wood handle these shared fault situations regularly and understand how state laws affect recovery. A car accident attorney can evaluate how your actions might impact your case and whether you can still obtain compensation despite bearing some responsibility.
Your State’s Negligence Law Matters Most
The answer to whether you can sue when partially at fault depends entirely on where your accident happened. States follow different legal frameworks for handling shared negligence, and these rules dramatically affect your recovery options.
Understanding which system applies in your jurisdiction is the first step in evaluating whether you have a viable claim.
Comparative Negligence States
Most states follow some form of comparative negligence, which allows injured parties to recover compensation even when they share fault for the accident. However, two distinct versions of this rule exist.
Pure Comparative Negligence
A minority of states follow pure comparative negligence. Under this system, you can recover damages no matter how much fault you bear, though your compensation is reduced by your percentage of responsibility.
If you’re 90% at fault and the other driver is 10% at fault, you can still recover 10% of your damages. This rarely makes financial sense to pursue, but the legal right exists.
States following pure comparative negligence include:
- California
- Florida
- New York
- Alaska
- Arizona
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- Rhode Island
- Washington
Modified Comparative Negligence
Most states use modified comparative negligence, which sets a threshold beyond which you cannot recover anything. Two versions exist: the 50% bar rule and the 51% bar rule.
Under the 50% bar rule, you cannot recover if you’re 50% or more at fault. If you’re 49% responsible, you can still collect damages reduced by that percentage. States including Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah, and West Virginia follow this approach.
The 51% bar rule is slightly more forgiving. You can recover as long as you’re not more than 50% at fault. Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming use this standard.
Contributory Negligence States
A small number of jurisdictions follow the harsh contributory negligence rule. Under this doctrine, if you bear any fault for the accident, even 1%, you cannot recover anything from other parties.
Only Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still follow pure contributory negligence. These states make partial fault cases extremely difficult because insurance companies aggressively argue that injured parties contributed to accidents in even minor ways.
How Fault Percentages Get Determined
Insurance adjusters, juries, or judges assign fault percentages based on all available evidence. They examine police reports, witness statements, traffic laws, accident reconstruction analysis, and testimony from the parties involved.
Common factors that might assign you partial fault include:
- Speeding or other traffic violations
- Distracted driving
- Failure to maintain proper lookout
- Not wearing a seatbelt (in some states)
- Driving while fatigued
- Improper lane changes
The other party’s insurance company will look for any evidence that you contributed to the accident. Even minor violations or mistakes can become leverage in settlement negotiations.
Insurance Companies Use Partial Fault Against You
Adjusters know how comparative negligence laws work, and they use this knowledge strategically. They’ll argue you bear higher fault percentages to reduce their payout, even when the evidence doesn’t strongly support their position.
For example, if your damages total $100,000 and you’re clearly 20% at fault, you should recover $80,000 under comparative negligence. But the insurance company might argue you’re actually 40% responsible, offering only $60,000 instead.
These percentage battles happen in almost every shared fault case. Insurance companies rarely give you the benefit of the doubt.
Seatbelt Use And Comparative Fault
Some states allow defendants to reduce damages if you weren’t wearing a seatbelt, even if that didn’t cause the accident. The theory is that your injuries would have been less severe had you been properly restrained.
Other states prohibit using seatbelt non-use as evidence of comparative negligence. This varies by jurisdiction and can significantly impact your recovery.
Your Actions Before The Accident Matter
Pre-accident conduct gets scrutinized heavily in partial fault cases. If you were texting, under the influence, or violating traffic laws when the accident occurred, expect the other side to use this against you.
However, minor violations don’t automatically assign you majority fault. Running a yellow light that turns red doesn’t make you responsible when another driver T-bones you while running their red light at full speed.
Documentation Becomes Even More Important
When fault is shared, gathering strong evidence becomes even more important. Witness statements, traffic camera footage, dashcam video, and accident reconstruction analysis can all help establish the other party bore primary responsibility.
Don’t make statements to insurance adjusters admitting fault or apologizing at the scene. These statements can be used to assign you higher fault percentages than the evidence actually supports.
Settling Partial Fault Cases
Most shared fault cases settle rather than going to trial because both sides face uncertainty about how a jury might assign percentages. Settlement negotiations in these cases often focus more on fault allocation than on the value of damages.
A skilled negotiator understands how to minimize your assigned fault percentage and maximize your recovery within your state’s legal framework.
When Partial Fault Doesn’t Matter
Some situations involve shared fault that legally doesn’t reduce your recovery. Rear-end collisions typically assign fault to the following driver regardless of what the lead driver was doing. Strict liability cases for defective products don’t consider comparative negligence at all.
Understanding when your actions genuinely matter versus when they’re legally irrelevant requires knowledge of how courts apply negligence principles.
Don’t Assume You Can’t Recover
Many people with valid claims give up because they think their partial fault disqualifies them. Unless you live in a contributory negligence state and clearly caused the accident, you probably have options for recovery.
Even if you made mistakes, the other party’s conduct may have been significantly worse, leaving you able to recover substantial compensation. We evaluate how your state’s negligence laws apply to your specific situation and fight to minimize any assigned fault while maximizing your recovery. If you’ve been injured in an accident but worry that your own actions might affect your claim, reach out to discuss whether you can still pursue compensation.