Can I Still Recover Compensation if I Was Partially at Fault?
Many people assume that being partially at fault for an accident automatically prevents them from recovering compensation. In this video, we explain why that is not always the case. We discuss how fault laws vary from state to state, why legal fault is different from what most people think of as “being at fault,” and why an attorney can evaluate the specific facts of your case to determine whether you still have a claim. Watch the video below to learn more about your legal options.
Video Transcription
Even if you're partially at fault for an accident, you may still have a claim.
Each state's laws are different regarding whether a plaintiff being at fault can still recover. Moreover, within some states, it depends. For some type of accident, you can still recover.
What makes that even more complicated is at fault in the general sense, what people think, is not at fault legally.
For example, if you're driving down the road and your headlights are out, you're probably negligent at that point. But if you get rear ended, you may still recover because those headlights had nothing to do with the accident.
So legal fault is different from real-world fault.
So in light of that, the different laws and how fault is applied in the legal sense, the best thing to do is to contact an attorney who knows the law and understands the cases and how to apply them to your facts.
And then you may still have a case.
Each state's laws are different regarding whether a plaintiff being at fault can still recover. Moreover, within some states, it depends. For some type of accident, you can still recover.
What makes that even more complicated is at fault in the general sense, what people think, is not at fault legally.
For example, if you're driving down the road and your headlights are out, you're probably negligent at that point. But if you get rear ended, you may still recover because those headlights had nothing to do with the accident.
So legal fault is different from real-world fault.
So in light of that, the different laws and how fault is applied in the legal sense, the best thing to do is to contact an attorney who knows the law and understands the cases and how to apply them to your facts.
And then you may still have a case.