When you find yourself in an accident, determining who is at fault can be a complex process. Often, it’s not as clear cut as one party being entirely at fault while the other is completely innocent. In many cases, both parties share some degree of responsibility. So what happens when you are partially at fault in an accident?
Firstly, it’s important to understand that the concept of partial fault falls under a legal doctrine known as comparative negligence or contributory negligence depending on your jurisdiction. This principle acknowledges that multiple parties can contribute to an accident and assigns each a percentage of blame.
If you are found partially at fault for an accident, this could significantly impact any potential compensation claims. The amount of damages you may receive would typically be reduced by your percentage of fault. For example, if you were 30% responsible for the incident and suffered $10,000 worth of damages, your compensation would likely be reduced by 30%, leaving you with $7,000.
Additionally, being partially at fault could affect your insurance premiums. Depending upon the laws in your state and the policies of your insurance company; having partial blame assigned to you might lead to increased rates due to perceived higher risk.
However, how these percentages are determined and applied can vary greatly from state to state due to differing negligence laws. Some states follow a ‘pure’ comparative negligence model where even if someone is 99% responsible for their own injuries they can still recover 1% from another party who was also negligent.
Other states use a ‘modified’ comparative negligence rule which allows recovery only if the injured person was less than 50% or less than 51% (depending on the state) responsible for their injury; beyond this threshold no recovery is permitted.
There are also few jurisdictions that still apply ‘contributory’ negligence rule where if someone contributed even slightly (as little as just 1%) towards causing their own injury they cannot recover any damages from anyone else.
Therefore, it’s crucial to understand the specific laws in your jurisdiction and how they may apply to your situation. Consulting with an experienced attorney can provide clarity on how these rules might affect you if you are found partially at fault for an accident.
In conclusion, being partially at fault in an accident can have significant financial implications. It can reduce the amount of compensation you receive and potentially increase your insurance premiums. However, the extent of these consequences will depend largely on where you live and the specific details of your case. Therefore, always seek professional legal advice to navigate through such complex situations.
Munley Law Personal Injury Attorneys
1170 PA-315, Wilkes-Barre, PA 18702
15703990406