Car accidents are chaotic. Emotions run high, injuries can be serious, and the moments afterward are filled with confusion. If you think you may have been partially at fault, that stress can double. You might be asking yourself, “Can I still file a claim?” or “Will I have to pay for everything?” These are valid questions and concerns.
Fault in car accidents isn't always black and white. Often, multiple drivers share responsibility. In these cases, your ability to recover compensation will depend heavily on the laws in your state, how much fault is assigned to you, and how well your case is presented. Because negligence laws vary by state, it’s important to understand how your location affects your ability to recover compensation.
If you were injured in a crash and you’re unsure what to do next, consult with an experienced car accident lawyer. They can review your case and determine whether more than one party was at fault, identify the liable parties, and what legal options may be available to you. Let’s take the stress out of this situation, one step at a time.
Key Takeaways: What If You’re Partially at Fault?
- Negligence laws vary by state, and your ability to recover compensation depends on how much fault is assigned to you.
- You can still recover damages in most states, even if you were partially at fault, especially in states like California that follow pure comparative negligence.
- Act fast after the accident. Seek medical care, preserve evidence, and document everything.
- Hiring a lawyer is essential for any injury claim, especially when there’s a shared fault or dispute about who caused the accident. An experienced attorney can protect your rights, manage insurer communications, and challenge unfair blame.
- Let your lawyer deal with the insurance companies. Insurers often try to minimize payouts by assigning more fault to you. An attorney can push back and help you recover fair compensation.
- You may be eligible to recover for medical bills, lost income, pain and suffering, property damage, and diminished earning capacity—even if you’re partially responsible.
- Insurance companies are not the final word on fault. You can dispute their findings with legal help and factual evidence.
Shared Fault: How States Handle It
Not every accident is 100% one person’s fault. Many involve shared responsibility, where two or more drivers contribute to the collision in different ways. In legal terms, this is known as negligence—when someone fails to act with reasonable care, and that failure causes harm. Car accident claims rely heavily on determining each party's degree of negligence. That’s where fault laws come in.
States use one of three legal systems to address shared fault. Which one applies will determine whether you can still recover damages and how much compensation you can receive.
Be sure to speak with a lawyer who understands the rules in your state, as fault laws can significantly impact the outcome of your claim.
Comparative negligence
This is the most common system in the U.S. In comparative negligence states, you may still be able to recover damages even if you were partially responsible, as long as you weren’t entirely to blame. Your compensation will be reduced by the percentage of your fault.
Let’s take a closer look:
- Pure comparative negligence: You can recover damages even if you were 99% at fault, at least theoretically. However, your award is reduced by your fault percentage. So, if your total damages are $100,000 and you're found 80% at fault, you'd still be able to recover $20,000. This system prioritizes access to compensation, even in cases where one driver bears most of the blame. A few states, such as California and New York, use this model, making it more favorable to injury victims with partial responsibility.
- Modified comparative negligence: You can only recover damages if your share of fault is below a certain threshold, usually 50% or 51%. This means if you are 50% at fault or less (depending on your state's rules), you can still recover compensation, just reduced by your share of fault.
However, if you exceed that threshold, you're barred from recovering anything. This system is more restrictive but still allows partial fault claims to move forward, provided you weren't primarily responsible for the crash.
Contributory negligence
This is the strictest system—and fortunately, the rarest. In contributory negligence states, if you’re just 1% at fault, you may be barred from any recovery at all. Only five jurisdictions follow this rule: Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
What to Do Immediately After the Accident
The moments after a crash can be chaotic and confusing, especially if you're hurt or shaken up. But if you believe you may share some fault, what you do in those early moments can make a real difference in your ability to recover compensation later.
Prioritize safety and medical attention
Even if you feel fine, get checked by a medical professional. Some injuries, such as whiplash, concussions and other traumatic brain injuries (TBIs), and internal bleeding, don’t always show up right away or can worsen without being noticed.
Be cautious about what you say
It’s natural to want to apologize, even when you’re just trying to be polite. But saying “I’m sorry” or admitting fault—especially at the scene—can be used against you later. Stick to the facts when talking to the police or the other driver. You can be cooperative without speculating about who caused the crash.
Hire a car accident lawyer as soon as you can
Whether or not there’s a chance you share some fault, having a lawyer on your side can make a major difference in the outcome of your case if you suffered injuries. An attorney can help clarify your legal rights, deal with insurance companies, and gather evidence to reduce the percentage of fault assigned to you. They can also protect you from common mistakes, like making statements to insurance companies or others that could be used against you, while strengthening your overall claim from the start.
Preserve any evidence from the accident scene
If you took any photos or videos of the accident scene, keep them safe and make sure they aren’t erased or lost. Keep any names and contact information from witnesses if you were able to get them. This evidence can play a major role in how fault is assessed later on, and it helps protect your side of the story.
However, if you weren’t able to collect any evidence at the scene, don’t worry. An experienced car accident lawyer can still investigate the crash and build a claim.
How Fault Is Determined After a Car Accident
Fault isn't based solely on who apologizes at the scene or whose car is more damaged. It’s a legal determination that involves reviewing multiple types of evidence. Insurance adjusters, police officers, and attorneys all look at the same core elements but may come to different conclusions.
Police reports
The responding officer will usually file an accident report. This report may include diagrams, witness statements, and the officer’s opinion on who caused the crash. While not definitive, this report often influences how insurers handle the claim.
Insurance investigations
Each driver’s insurance company will conduct its own investigation. They’ll look at physical evidence, vehicle damage, and any available surveillance or dashcam footage. They may also request medical records or speak with witnesses to determine liability.
Legal standards and traffic laws
Fault is usually tied to violations of traffic law. For instance, a driver who ran a red light, failed to yield, or followed too closely will often be considered at fault. However, things can get complicated when both drivers make mistakes, like if one was speeding and the other made an illegal turn.
What Damages Can You Still Recover?
Even if you’re partially at fault, in most states you may still be eligible for a wide range of damages. The extent depends on your state’s negligence laws and how your level of fault affects the final calculation. Regardless, you may be entitled to compensation for:
- Medical expenses: Including emergency treatment, hospital stays, physical therapy, and future care needs.
- Lost wages or income: If you’ve missed time at work or are unable to return due to your injuries.
- Loss of earning capacity: If your injuries reduce your ability to earn income long-term.
- Property damage: For repairs or replacement of your vehicle and other personal property.
- Pain and suffering: Physical pain, emotional distress, and the impact of the accident on your daily life.
The key is documenting every loss and presenting a clear picture of how the accident has affected your life. An experienced attorney can ensure that none of your compensable damages are overlooked.
Legal Guidance Matters, Especially When Fault Is Shared
When multiple parties may be at fault, shared fault car accident claims can quickly become complicated. The legal and financial stakes are higher, and insurance companies are often quick to shift blame to reduce their payouts.
You may be blamed more than you should be
It’s not uncommon for insurance adjusters to exaggerate your share of the blame or misinterpret the facts to minimize what they owe. Without someone advocating for you, you may end up with a far smaller settlement than you actually deserve.
Evidence needs to be collected early
Proving your level of fault (or reducing it) requires quick action. Skid marks fade. Surveillance footage gets deleted. Witnesses forget details. An attorney can preserve evidence and build a stronger case to protect your right to compensation.
Fault can change the outcome significantly
In states with modified comparative negligence laws, even a small increase in your assigned fault—say, from 49% to 51%—can eliminate your ability to recover damages. A lawyer can argue your case more effectively and challenge fault determinations backed by weak or biased evidence.
Shared fault car accident claims often lead to insurance disputes and low settlement offers without strong legal help. A car accident lawyer can collect evidence early and push back against exaggerated fault assessments, ensuring your right to recover damages is protected.
Frequently Asked Questions
What if I’m partly to blame but the other driver broke the law?
That can actually work in your favor. Courts and insurers often weigh traffic violations heavily when assigning fault. If the other driver ran a red light, was speeding, or texting while driving, they may still be considered primarily responsible, even if you made a minor mistake too.
Will my insurance rates go up if I’m partially at fault?
It depends on your insurance provider and how much blame is assigned to you. Many insurers raise premiums for at-fault accidents, even if you were only partially at fault. Your best chance of avoiding a rate hike is to minimize your percentage of liability.
What if the insurance company says I’m more at fault than I really am?
You don’t have to accept their version of the story. Insurance companies are not the final authority on fault. If you're in an insurance dispute after a crash, legal help can make the difference between a denied claim and a fair recovery.
Being Partially at Fault Doesn’t Mean You’re Out of Options
Blame isn’t always clear after a car crash, and even if you did something wrong, that doesn’t mean you have to absorb all the costs. Many people recover significant compensation even when they share part of the blame. The key is knowing your rights, taking smart steps in the moments, days, and weeks following a car accident, and getting the right legal support.
The aftermath of a car accident is hard enough. Trying to fight a shared-fault case on your own adds unnecessary pressure, especially when insurers refute the evidence.
Get the Support You Deserve from Legal Fighters
If you were hurt in a car accident and think you might be partially at fault, don’t assume you’re out of options. At Legal Fighters, we help people just like you—drivers who were injured, blamed, and left unsure of what to do next.
Our team works with a network of medical experts and other professionals across the country to give your case the best possible chance of securing the compensation you deserve. Our unique strategy has helped us recover more than $2.5 billion for over 6,000 accident victims, including many complex shared-fault cases.
Let us handle the legal battle so you can focus on healing. We’ll deal with the insurance companies, preserve the evidence, and fight to refute or reduce your fault, giving you the best chance at a strong recovery.
Call Legal Fighters today at (800) 210-0000 or fill out our confidential online form to schedule your free consultation.
You don’t have to figure this out alone—and you shouldn’t have to. Let Legal Fighters go to work for you.