What happens if you’re partially responsible for a car accident?

When we talk about being “partially responsible”, it means you played some role in causing the accident, but you weren’t entirely at fault.

Maybe you were speeding, but the other driver was texting, or you changed lanes without signalling, but the other driver was following too closely.

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What this essentially means, in practical terms, is that the law will look at the accident and assign a percentage of fault to each party involved. The percentage of blame determines how much compensation you’re entitled to.

If you’re 30% responsible for the accident, for instance, the amount of compensation you receive might be reduced by that 30%.

The key here is that just because you’re partially at fault doesn’t mean you’re fully liable for the damages. The system takes into account the actions of everyone involved. You’ll need a competent car accident lawyer to fight for you if you had a role to play in the accident.

How does partial responsibility affect your case?

If you’re partially responsible for a car accident, it can affect your case in several ways.

Comparative negligence

When you’re partially responsible for an accident, the most immediate effect is that your compensation may be reduced. The specifics depend on the laws in your state or country. In many places, the law operates under a rule called comparative negligence.

Under comparative negligence, the fault is divided among all parties involved, and your compensation is adjusted accordingly.

For example, if the damages are worth $10,000 but you’re found to be 40% responsible for the accident, you’ll only receive $6,000. It’s a straightforward way of ensuring that no one unfairly benefits when they’re at fault.

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Contributory negligence

Some places follow contributory negligence rules, which are much stricter. If you’re found even partially at fault, let’s say just 1%, then you might not be eligible for any compensation at all.

This rule is less common but still in play in certain states and countries. It makes it especially important to prove that your level of fault is minimal, or ideally, that you’re not at fault in any significant way.

Insurance coverage

Your insurance situation is another area affected by partial responsibility. If you’re found partially to blame, your insurance premiums could increase. Insurance companies often raise rates for those involved in accidents where they bear some responsibility.

Also, depending on the severity of the incident, you may be required to pay a deductible before your insurance will step in to help.

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More on shared liability

When both you and the other driver are at fault, the situation becomes even more complicated. In these cases, it’s not just about how much blame you should shoulder but how much the other driver deserves as well. The law will try to determine the percentage of fault for each party involved.

If the other driver shares responsibility, this can actually work in your favour, especially in a comparative negligence state. For example, if you’re found 40% responsible, but the other driver is found 60% at fault, the financial burden shifts.

The more responsibility the other driver has, the more you’ll receive as compensation.

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