Highlights:
- Yes, you can often still pursue a personal injury claim even if you share blame.
- Comparative negligence laws deduct your percentage of fault from the total compensation.
- In modified comparative negligence states, you must be less than 50% (or 51%) at fault.
- Pure comparative negligence allows recovery regardless of your level of fault, though reduced accordingly.
- Hiring an experienced law firm can help you challenge or minimize your assigned fault.
Understanding Partial Fault: You Can Still Seek Compensation
If you played a part in causing an accident, you’re probably wondering: “Can I still get help?” The answer is usually yes, thanks to comparative negligence laws. Most U.S. states apply either modified or pure comparative fault rules, which allow you to recover damages even if you were partly at fault. In modified comparative states—such as Texas, Florida, and Pennsylvania—you can recover damages so long as your fault is no more than 50 or 51%. Meanwhile, in pure comparative negligence jurisdictions, even if you’re 90% to blame, you could still recover 10% of the total damages.
Source: Forbes
How Fault is Calculated and Its Effect on Your Compensation
Whether an insurer or a jury decides fault, they’ll assign a percentage of blame to each driver. That percentage is then deducted from your settlement or award. For example, a $100,000 verdict with you 30% at fault would reduce your payout to $70,000. Modified comparative systems simply block recovery if you’re over the threshold, while pure systems allow any recovery, proportionally reduced. The method of calculating fault often varies by state and even by case. Factors like traffic laws, weather conditions, and driver behavior (speeding, distracted driving, etc.) all contribute to determining fault. That’s why documentation is key—photos, videos, and credible witness accounts can significantly sway how blame is assigned. An experienced attorney will know exactly how to gather and present this evidence to reduce your level of responsibility and maximize your settlement.
Why You Need an Experienced Personal Injury Law Firm
Insurance companies often inflate your fault to reduce the payout. With a skilled attorney on your side, you can contest those claims. Experienced law firms investigate the accident, obtain witness statements, review the police report, and consult expert witnesses to minimize your percentage of fault and maximize your compensation. Beyond handling fault disputes, experienced lawyers are also skilled negotiators who understand insurance company tactics. Many claims are settled out of court, and a strong legal team can leverage its knowledge of case law and settlement benchmarks to demand fair compensation. They also ensure that your damages—medical bills, lost income, emotional distress, and future care—are properly calculated and pursued, even when the insurer tries to lowball you.
Do I Have a Case If I’m Over 50% at Fault?
If you’re in a modified comparative negligence state, being more than 50% at fault usually prevents you from recovering any compensation. However, knowing where you stand can help your attorney decide whether to pursue a breakdown of no-fault insurance benefits or a third-party tort claim. In pure comparative states, there’s no threshold—you may still recover proportionally, even with high fault. In borderline cases where fault could exceed 50%, the right law firm might still be able to reduce your liability through legal strategy and evidence gathering. It’s not uncommon for insurance companies to initially assign high percentages of blame that don’t hold up under scrutiny. With the help of accident reconstruction experts, traffic analysts, and legal precedent, your attorney may successfully challenge an unfair fault assessment and bring your claim back into a recoverable range.
What Compensation Can I Still Recover?
Even when partially to blame, you may still be eligible for various damages:
- Economic: medical bills, therapy, lost wages, future care needs
- Non-economic: pain and suffering, emotional distress
- Property: vehicle repairs or replacements
An expert attorney ensures all categories are included and your damages are fully quantified.
Did You Know? Hiring an Attorney Means More Money
Studies consistently show that hiring a personal injury attorney results in significantly higher recoveries. Victims with legal representation typically receive settlements 3.5 times greater than those who go it alone. This isn’t just a slight improvement—it’s a game-changer. Insurance companies are well-trained to minimize payouts, and without an advocate in your corner, it’s easy to accept a settlement far below what your case is truly worth.
Attorneys know how to properly value a claim by factoring in not just current medical bills and lost wages, but also long-term rehabilitation, emotional distress, and reduced earning potential. They also understand the negotiation tactics insurers use and won’t let you be pressured into an early or unfair resolution. In many cases, a lawyer can also uncover sources of compensation you didn’t even know were available, such as uninsured motorist coverage or third-party liability claims. Simply put, an experienced personal injury lawyer levels the playing field and puts the full weight of the law behind your recovery.
Source: Insurance Research Council
Questions You Should Ask the Law Firm
When selecting representation, consider asking:
- Do you handle cases involving partial fault?
- Have you litigated cases in a modified comparative negligence jurisdiction?
- Will you fight for a favorable fault split?
- How do you build evidence to challenge fault assessments?
The right firm will explain your state’s fault rules, their experience reducing fault percentages, and how they negotiate with insurers to maximize your recovery.
Real-World Example: Partial Fault Doesn’t Mean No Compensation
Take a car crash where you switched lanes without signaling, contributing 30% to the accident. Even so, under comparative negligence, you could still recover 70% of your damages. That means if your total losses—including medical bills, lost wages, and pain and suffering—amounted to $100,000, you’d still be entitled to $70,000 in compensation. This legal doctrine ensures that being partially at fault doesn’t automatically disqualify you from recovering what you’ve lost.
But the outcome isn’t always set in stone. A skilled attorney might closely examine the accident scene, review traffic footage, or call in experts to show that the other driver’s distracted driving, excessive speed, or failure to yield was actually the primary cause of the crash. If your lawyer successfully shifts more fault to the other driver—say, reducing your fault from 30% to 20%—you could recover even more. In this example, that 10% shift could mean an extra $10,000 in your pocket. With solid legal representation, minor mistakes don’t have to cost you everything, and every percentage point matters when it comes to your final compensation.
Strong, Expanded Conclusion
Being partially at fault in an accident can feel daunting, but it doesn’t mean you’re out of legal options. Thanks to comparative negligence rules, most states allow you to pursue compensation even if some fault is assigned to you. What matters most is how much fault—and that’s where experienced legal representation counts. Insurance companies will focus on reducing your liability. Meanwhile, a skilled law firm will be working tirelessly to shift blame as far away from you as possible, document every injury and expense, and fight for the full value of your claim.
Hiring an experienced attorney isn’t just about navigating legal hurdles—it’s a smart financial decision. With data showing you could recover 3.5 times more with legal help, it’s clear that representation pays off. Don’t let partial blame silence your claim. Contact an experienced law firm in Fort Dodge, IA, for personal injury services today to schedule a free consultation. We’ll evaluate your case, clarify your state’s comparative negligence rules, and explain what your case is worth. Even if you share the blame, your injuries deserve justice, and we’re here to help you get it.