What Happens When Both Drivers Are Partly at Fault in a Car Accident?

Car accident cases are not always simple. Fault doesn’t always rest on one driver alone. Yes, one driver may have been drunk and reckless, but it’s also possible that the injured one failed to use their indicator light on time to signal they were going to turn, which caused the speeding driver to bump into the latter. Does that mean the injured driver cannot seek compensation?

In most states, you can still seek compensation even though both drivers are partly at fault. But how much you can get depends on which state you live in.

To understand how this works, you need to understand the comparative negligence rule.

Understanding Comparative Negligence

The comparative negligence rule states that if you are partly at fault in a car accident, your total compensation will be reduced by your percentage of fault.

Let’s take the above example as a case study. After investigations, the court declares that the speeding driver contributed 70% to the incident, while you, the injured driver, are found 30% responsible for failing to use your indicator lights.

Suppose you suffer $100,000 in damages from the crash. Since you are found to be 30% at fault, that sum would be reduced by your percentage of fault. So you’re compensated with only $70,000.

Comparative negligence applies in all states except Alabama, Maryland, North Carolina, Virginia, and the District of Columbia. These jurisdictions employ a system known as contributory negligence.

What Is Contributory Negligence?

Contributory negligence means that once you’re found to have contributed at all to the accident, you are barred from making a claim. So even if you’re only 1% at fault, you may walk away without a penny as compensation for your losses.

Now, back to comparative negligence.

Types of Comparative Negligence

1. Pure Comparative Negligence

In states practicing pure comparative negligence, you can recover compensation as long as the other driver contributed to the accident. The amount awarded is only reduced by your own percentage of fault. So even though you are 99% responsible, you have the right to claim compensation for the 1% part the other driver played.

Comparative negligence states include:

1. Alaska
2. Arizona
3. California
4. Kentucky
5. Louisiana
6. Mississippi
7. Missouri
8. New Mexico
9. New York
10. Rhode Island
11. South Dakota

2. Modified Comparative Negligence

With the modified comparative negligence rule, you’re barred from seeking compensation if your percentage of fault exceeds a threshold. This threshold is 50% in some states, and 51% in others.

Clearly, the state in which you live can determine what happens when you share fault in a car crash.

Calculating Fault

Shared fault is not always clear-cut. Courts do not have predetermined values assigned for it. Instead, judges and juries assess fault on a case-by-case basis, as no two crashes are perfectly identical. They evaluate shared fault based on evidence, dashcam footage, witness statements, and police reports.

So, unless you live in a pure contributory negligence state, in which case you’re barred from seeking compensation, you may yet have a claim.

But one thing worth knowing is that traffic violations carry serious weight. If reports establish that a driver had violated a traffic rule, their shared fault will likely be larger.

How Insurance Companies Use Shared Fault Against You

Insurance companies are for-profit businesses, and their goal is to maximize their bottom line. The less payout they grant, the more profitable they are. The higher payouts they make, the more losses they incur.

They understand how comparative negligence works and may try to pin more blame on you to minimize your claim. This means that even when the other driver fully caused the accident or contributed the most, the insurance adjuster may argue that your role in it was significant. They may point to your speed, reaction time, or position on the road. When you don’t fully know how these things work in practice, it’s easy to believe the logic of such arguments. And when you go in without legal backing, you become an even bigger target.

To protect your rights, it’s best to find an experienced car accident lawyer in West Palm Beach who can represent you during negotiations. Just like insurance adjusters, these attorneys handle accident cases regularly. As a result, they know the common tactics insurers use to minimize claims and how best to counter them.

Protect Your Position

Going into car accident settlements with a lawyer by your side compels insurance adjusters to act more reasonably.

But beyond that, your attorney can help gather evidence, witness testimony, police reports, and construct the case in a way that makes it more difficult to contest.

At the end of the day, being partly at fault does not necessarily mean you’ll walk away empty-handed. But having someone in your corner who knows how fault percentages get decided and how to navigate them can make a substantial difference in how much you eventually recover.