- 10-Jan-2025
- Family Law Guides
When you are partially at fault for an injury or accident, the amount of compensation you can receive is typically reduced based on your level of responsibility for the incident. This principle is known as comparative negligence or contributory negligence, depending on the state in which the case is being pursued. Here's how being partially at fault can affect your compensation:
In most states, the comparative negligence rule applies, which means that your compensation is reduced in proportion to your percentage of fault for the accident or injury. There are two main types of comparative negligence systems: pure comparative negligence and modified comparative negligence.
Under this system, even if you are largely at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you are 60% responsible for the accident and the total damages are $100,000, you can still recover $40,000 (because your fault reduces your recovery by 60%).
If you're injured in a car accident, and it’s determined you were 40% responsible for the crash (for example, because you were speeding slightly but the other driver failed to yield), your total damages are $50,000. In a pure comparative negligence state, you would be entitled to recover 60% of your damages, or $30,000 (because 40% of the fault is deducted from your total recovery).
In states that use modified comparative negligence, you can only recover damages if your fault is below a certain threshold (usually 50% or 51%). If you are more than 50% at fault for the incident, you may be barred from recovering any compensation. If your fault is below the threshold, the reduction in compensation is proportional to your degree of fault.
If you are 30% at fault for the accident and your damages total $100,000, you would recover $70,000 (because 30% of the fault is deducted from your total recovery). However, if you are found to be 51% at fault, you may be denied compensation altogether, depending on the specific laws of your state.
A small number of states follow contributory negligence, a much stricter rule. Under contributory negligence, if you are found to be even 1% at fault, you may be barred from recovering any compensation at all. This rule is highly punitive and typically applies only in a few states.
In a contributory negligence state, if you were involved in an accident where the other driver was primarily at fault, but you were 1% responsible (say, you failed to signal when changing lanes), you might be completely prohibited from recovering any damages, even if you suffered severe injuries.
Compensation for personal injury is based on total damages, which could include medical expenses, lost wages, pain and suffering, emotional distress, and property damage. Once your percentage of fault is determined, your recovery will be reduced by that percentage.
If you were injured in a slip-and-fall accident at a store, and it was determined that you were 30% responsible for not noticing a wet floor sign, but the store was 70% at fault for failing to properly clean the spill, your damages are calculated as follows:
Compensation for non-economic damages, such as pain and suffering or emotional distress, is also affected by comparative or contributory negligence. If you are partially at fault, the amount you recover for these damages will be reduced based on your percentage of responsibility.
You are rear-ended by another driver while you are stopped at a red light. However, you were not wearing your seatbelt at the time of the accident.
The other driver is 80% at fault for rear-ending you, while you are 20% at fault for not wearing your seatbelt (contributing to your injuries).
$50,000
In a pure comparative negligence state, you would recover 80% of your damages, or $40,000, because you are 20% at fault.
You slip on a wet floor in a grocery store after walking past a spilled liquid without noticing a wet floor sign.
The store is 70% at fault for not cleaning up the spill or posting proper signage, while you are 30% at fault for not paying attention to the floor.
$25,000
In a modified comparative negligence state, if the fault threshold is 50%, you would recover 70% of your damages, or $17,500 (because you are only 30% at fault). If you were 51% or more at fault, you would not recover anything.
You are injured while operating machinery at work because the safety guard was missing, but you were not following safety protocols and were not wearing required safety gear.
The employer is 90% at fault for failing to maintain the equipment, but you are 10% at fault for not wearing the safety gear.
$100,000
In a contributory negligence state, even though you are only 10% at fault, your compensation would be denied entirely because you contributed to the accident in any way.
If you are partially at fault for an accident, the amount of compensation you can recover will generally be reduced in proportion to your share of fault under the comparative negligence system. In a pure comparative negligence state, you can still recover compensation, even if you are mostly at fault, though it will be reduced. In modified comparative negligence states, you can only recover if your fault is below a certain threshold (usually 50% or 51%). In contributory negligence states, any fault on your part may prevent you from recovering anything at all.
To fully understand how partial fault will affect your compensation, it’s essential to know the laws in your state and consult a personal injury attorney who can help you navigate the process and ensure that you receive fair compensation based on your specific circumstances.
Answer By Law4u Team
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