Can I Pursue a Negligence Case If I Share Some Blame?

Yes, you can still pursue a negligence case even if you share some of the blame for the accident or injury. However, the extent to which you are responsible for the incident can affect the amount of compensation you can receive. The way shared blame impacts your case depends on the legal doctrine followed in your jurisdiction—comparative negligence or contributory negligence.

1. Comparative Negligence (Most Common System)

In most states in the U.S., comparative negligence is the standard used in personal injury cases. Under this system, you can still recover damages even if you are partially at fault. However, the compensation you receive will be reduced by the percentage of fault that is assigned to you.

• Pure Comparative Negligence: In pure comparative negligence states, you can recover compensation no matter how much fault you share in the accident. Even if you are 99% at fault, you can still recover the remaining 1% of damages. However, the total amount you receive will be reduced according to your percentage of fault.
  • Example: If you were in a car accident and the jury finds you 40% responsible for the crash, and your damages total $100,000, you could still recover $60,000 (100% - 40% of fault).
• Modified Comparative Negligence: In modified comparative negligence states, you can only recover damages if your percentage of fault is below a certain threshold (usually 50% or 51%). If you are found to be 51% or more responsible for the accident, you will be barred from receiving compensation.
  • Example: If your damages total $100,000, and you are found to be 40% at fault, you can recover $60,000. However, if you are 60% at fault, you would not be able to recover anything.

2. Contributory Negligence (A More Restrictive System)

Some states follow the contributory negligence rule, which is much stricter. In states that follow this doctrine, if you are found to be even slightly at fault, you may be barred from recovering any damages at all, regardless of how minor your fault was.

• Example: If you are in an accident where you are found to be 1% at fault, you would not be able to recover any compensation, even if the other party was 99% responsible for the injury.

3. How Shared Fault Affects Your Case

In any negligence case, your lawyer will need to prove that the other party’s actions were a substantial factor in causing the injury, and you will need to show the extent of the defendant's responsibility. If you share some blame, your attorney will need to argue that the other party’s negligence was still the primary cause of the injury.

• Liability Determination: In states with comparative negligence, your recovery will be reduced by the percentage of fault attributed to you. If you were partly to blame but the other party was significantly more at fault, you could still recover a substantial portion of your damages.
• Insurance Companies and Settlement Offers: When there is shared blame, insurance companies often try to minimize their payout by arguing that the injured party contributed to the incident. This is why it is important to have legal representation to ensure that your percentage of fault is properly assessed and that you receive fair compensation.

4. The Role of Evidence in Shared Blame

If you share some fault, the way the evidence is presented can greatly affect how much you are assigned blame and how much compensation you can recover.

• Key Factors to Consider:
  • Witness testimony: Statements from witnesses to the incident may help show who was more at fault.
  • Surveillance footage: Video evidence can play a critical role in proving the sequence of events and identifying who made a critical error.
  • Expert testimony: In some cases, expert witnesses (such as accident reconstructionists or medical professionals) can help assess the cause of the accident and the relative fault of each party.

5. Example Scenarios

• Car Accident: Suppose you are in a car accident where you were speeding, but the other driver ran a red light, causing the collision. You may be found to be 20% at fault for speeding, and the other driver 80% at fault for running the red light. In a pure comparative negligence state, you can still recover 80% of your damages, even though you were partially responsible.
• Slip and Fall: Imagine you slip and fall in a grocery store, and you are injured. Upon investigation, it’s revealed that you were walking briskly (contributing to the accident), but the store failed to put up a proper warning sign about a wet floor. In this case, you may be found to be 30% responsible for not being cautious, but the store may be 70% responsible for failing to warn you. In a modified comparative negligence state, you can recover 70% of your damages as long as you are not found more than 50% at fault.
• Workplace Injury: Suppose you are injured at work due to a machine malfunction, but you were not following safety protocols at the time of the accident. If the malfunction of the machine is found to be the main cause of the accident, but you were partly at fault for not following proper safety procedures, you might still be entitled to workers’ compensation benefits (which are typically unaffected by your fault) and could potentially pursue a personal injury claim against a third-party manufacturer of the equipment.

6. Consult a Lawyer for Shared Fault Cases

Because shared fault can complicate a case, it is critical to consult with an experienced personal injury attorney who can assess the strength of your claim and determine how much liability may be assigned to each party. Your attorney will help ensure that your level of fault is accurately evaluated and that you are not unfairly blamed for the accident.

• What the Lawyer Will Do:
  • Investigate the incident thoroughly to determine the causes of the accident and how much fault lies with each party.
  • Use evidence to reduce the amount of fault attributed to you, if applicable.
  • Help you navigate workers’ compensation, third-party claims, or settlements if your case involves multiple parties.

Conclusion:

In many jurisdictions, you can pursue a negligence case even if you share some of the blame, but the compensation you can recover will depend on how much fault is assigned to you. In states that use comparative negligence, you can still recover damages, but your compensation will be reduced based on your percentage of fault. In states with contributory negligence, however, you may be completely barred from recovering any compensation if you are found even slightly at fault.

It’s important to have a skilled attorney to navigate the complexities of shared responsibility and help you maximize the compensation you’re entitled to.