What Happens If You’re Partially at Fault in a Car Crash?

Getting into a car accident is stressful enough—but what happens if you were partially at fault? Many people assume that if they share any blame for a crash, they’re automatically disqualified from seeking compensation. Fortunately, that’s not always the case.

If you were involved in a car accident and you may share some of the responsibility, it’s crucial to understand how fault laws work in your state, how insurance companies investigate claims, and what your rights are when pursuing damages. This article breaks it all down, so you can move forward with clarity.

Understanding Comparative Fault

The legal concept that governs cases where more than one party shares responsibility is called comparative fault (or comparative negligence). Most states in the U.S. follow one of three systems when it comes to shared fault:

1. Pure Comparative Fault

In states with pure comparative fault laws, you can recover compensation no matter how much you contributed to the accident—even if you were 99% at fault. However, your compensation is reduced by your percentage of fault.

Example: If you’re awarded $100,000 in damages but found 40% at fault, you would still receive $60,000.

States that follow this model include California, Florida, and New York.

2. Modified Comparative Fault

Under this system, you can recover damages only if you’re less than a certain percentage at fault, typically 50% or 51%. If your fault meets or exceeds the threshold, you’re barred from recovering anything.

For instance, in Texas, if you’re 51% or more at fault, you cannot recover any compensation.

3. Contributory Negligence

This is the most unforgiving system. If you are found to be even 1% at fault, you are barred from recovering any damages.

States like Alabama, Maryland, and North Carolina still follow this doctrine.

Want to learn about how your state handles shared fault? Check out NOLO's guide to car accident laws by state.

How Fault Is Determined After an Accident

Fault is typically determined through a combination of:

• Police reports
• Eyewitness statements
• Photos and video evidence
• Vehicle damage assessments
• Expert opinions (e.g., accident reconstruction specialists)

Insurance companies conduct their own investigations, but keep in mind—they are not neutral. Insurers are motivated to minimize payouts, which means they may try to assign more blame to you than is fair.

If you’re concerned about fault assignment, it’s a smart move to speak with an experienced car accident attorney near you to protect your rights and ensure an accurate evaluation of liability.

Common Examples of Partial Fault

You may be considered partially at fault in situations like:

• Rear-end collisions: You rear-ended someone, but they had non-functioning brake lights.
  
• Left-turn crashes: You made a legal turn, but failed to yield to an oncoming car that was speeding.
  
• Intersection accidents: You had the green light, but were speeding or distracted.
  
• Failure to signal: You changed lanes without signaling, but the other driver was texting.

These are often gray areas where fault can be shared. The difference between 20% and 50% fault could significantly impact your ability to recover damages—or block it entirely depending on your state.

Insurance Company Tactics to Watch Out For

Insurers use every opportunity to reduce or deny your claim, especially in shared fault cases. Some of their tactics include:

• Quickly offering a low settlement hoping you’ll accept before consulting a lawyer
  
• Misinterpreting evidence to assign you greater fault
  
• Recording your statements and using your words out of context

Don’t let an insurer pressure you. If you’ve been in an accident and they claim you were partially at fault, don’t say anything that could be construed as an admission of guilt. Instead, contact a trusted attorney and let them handle communications.

How Partial Fault Affects Your Compensation

In Arizona, the law follows a **pure comparative fault** system when it comes to car accidents where multiple parties share responsibility. This means that if you are partially at fault for a car crash, you can still recover compensation for your damages. However, the amount of compensation you receive will be reduced by your percentage of fault.

For example, if you are found to be 25% at fault for an accident and your total damages are determined to be $80,000, you would still receive $60,000. This is because your compensation is reduced by your 25% share of the blame. Even if you are found to be largely at fault, such as 90% at fault, you can still recover the remaining 10% of your damages.

What to Do If You’re Partially at Fault

Even if you suspect you played a role in the accident, you still have options. Follow these steps to protect yourself:

1. Gather Evidence Immediately

Take photos of the vehicles, road conditions, and your injuries. Ask for the police report. If there are surveillance cameras nearby, request footage.

2. Don’t Admit Fault at the Scene

Even a casual statement like “I didn’t see you” can be used against you. Stick to the facts when speaking to the police or other drivers.

3. Contact a Car Accident Lawyer

An attorney can investigate the crash, work with accident reconstruction experts, and challenge unfair fault claims. If you’re in any US state, for example, the team at Big Auto Accident Attorneys has decades of experience handling complex fault cases.

4. Avoid Social Media

Don’t post about the accident, injuries, or your recovery online. Insurance companies may use your posts to suggest your injuries aren’t as severe as claimed.

Why You Need Legal Help in Partial Fault Cases

If liability is disputed, or the insurance company is reducing your claim because of partial fault, a lawyer can:

• Negotiate with insurers to reduce your fault percentage
  
• Prove the other party’s negligence using expert testimony
  
• File a personal injury lawsuit if a fair settlement isn’t offered
  
• Maximize your compensation by including pain and suffering, lost wages, medical bills, and future expenses

Working with a skilled attorney improves your chances of a favorable outcome, especially in shared fault or multi-vehicle accident situations.

Real-World Case Study

Imagine you’re driving slightly over the speed limit when another driver makes a sudden left turn in front of you. You collide, and both drivers suffer injuries.

• The other driver blames you for speeding.
  
• You blame them for failing to yield.

An insurance investigation finds you 30% at fault. You file a claim and are awarded $100,000, but receive $70,000 after your fault percentage is deducted.

Without an attorney, that 30% could have been 40% or more, costing you tens of thousands in compensation.

Review the Police Report Carefully

Being partially at fault in a car crash doesn’t mean you’re out of luck. Thanks to comparative fault laws, you may still recover damages—as long as you understand your state’s rules and protect your rights early.

Don’t let an insurance company decide your future. If you’re unsure about how fault may affect your claim, consult a seasoned injury attorney who can fight for your fair share.

Need Help With a Shared-Fault Accident?

If you’ve been in an accident and the other party (or their insurer) is blaming you, don’t go it alone. Contact the team at Big Auto Accident Attorneys today for a free case review. Our experienced attorneys understand the complexities of comparative fault and will fight to make sure you get the compensation you deserve.