You’re at Fault for an Accident — Can You Still Get Compensated?

Being in a vehicle accident is frightening, and if you’re hurt in the collision, getting the necessary medical care for your injuries can be challenging. Accident claims are designed to help injured car accident victims get compensation for medical bills, lost wages, and other expenses, but typically it is the person who is at fault that is sued for damages.

Can you still get compensation for your injuries if you were at least partly at fault for the incident?

Comparative negligence is a legal term that describes the assignment of liability to multiple people involved in an accident based on a degree of fault that is calculated. For example, not every accident is 100% caused by only one individual. In many cases, more than one party’s actions were at play and contributed to the accident. An attorney is able to evaluate an accident case and determine who contributed to the collision, and who may be legally liable for an accident.

For example, if you were involved in an accident where you turned in front of another car because you did not see them, you might be considered at fault for the incident. However, if the other car was speeding or had run a stop sign, they violated the law and may also be considered at fault for the accident. An attorney can help you determine what percentage of fault is yours. For example, you could be 25% at fault for the accident, or you and the other driver could each hold equal responsibility.

Arguing that the other party was also at fault for an accident can do two things. It can help decrease the amount of damages that you owe to the other party, and it can also help you get compensation for your own damages. For example, if the other party was not hurt but you were seriously injured, you would likely be able to obtain compensation from the other party’s insurance company even though you were partly at fault for the collision.