Accidents are an unfortunate reality of life. Suppose you are injured in an accident due to someone else’s actions or negligence. In that case, you might be eligible to file a personal injury claim to receive financial compensation to help cover medical bills, lost wages, repairs, etc. 

But what if your actions partially contributed to the accident? For instance, if you were a pedestrian struck by a car, but you were illegally crossing the road at the time, could you still receive compensation for your injuries? The short answer is, “maybe.” 

Personal injury claims in which both parties were at fault use comparative negligence to determine the degree of fault of each involved party, and the amount of compensation the victim receives might be reduced accordingly. Depending on your state’s comparative negligence rules, you may or may not be able to file a personal injury claim, depending on how much you were at fault in the accident.

Below, you’ll find information about how fault is determined and how that affects claims for personal injuries based on the different types of comparative negligence rules across the country. You’ll also find tips on what to do if you find yourself in this situation. 

How Is Fault Determined?

To pursue a personal injury claim, you must establish that the other party was at least partially at fault and can be held liable for your damages. Generally speaking, you must provide evidence that the other party owed a duty of care to you and breached that duty, which directly caused your damages (i.e., you would not have sustained injuries if not for the defendant’s actions or inaction). 

Duty of care refers to the fundamental behaviors and standards that can be expected in everyday situations, such as following the rules of the road to protect other drivers and pedestrians or keeping your dog on a leash in a public area.

For a defendant to assert that the plaintiff was partly at fault, they need to prove that the plaintiff had the obligation and opportunity to act in a way to avoid harm or prevent the accident and that they did not take reasonable actions to protect themselves that would be expected of an ordinary person in similar circumstances. 

Typical forms of evidence used to determine fault can include police and accident reports, medical records, insurance company investigations and adjuster’s reports, eyewitness accounts, surveillance footage, dashcam footage, photographs, and expert testimony.

Once fault is established, the court will determine and assign the percentage of fault to each party, which then affects the amount of damages the plaintiff is eligible to receive, depending on the types of comparative negligence rules in the state.

What Is Comparative Negligence?

In the eyes of the law, “negligence” refers to the failure to exercise reasonable care expected of an ordinary person in similar circumstances, and those actions result in injury or property damage to another person. Comparative negligence is a legal doctrine or principle that can be used as a defense when a personal injury claim is filed against you. The defendant must prove that the plaintiff also exhibited some negligence that resulted in the personal injury. 

Using this principle, courts in some states can reduce the monetary compensation a victim receives based on the percentage of the fault they bear in the accident. 

Types of Comparative Negligence

States generally follow two types of comparative negligence rules in personal injury claims: pure comparative or modified comparative negligence.

Under pure comparative negligence rules, a plaintiff can file a personal injury claim no matter how much responsibility they share for the accident. Their degree of fault does reduce the amount of the settlement for which they are eligible but by a directly proportional amount. For example, suppose the plaintiff is asking for $100,000 in damages but is found to be 80 percent responsible for the accident. In that case, they will only be eligible to receive $20,000 (20 percent of the damages) to help cover medical bills, emotional distress, etc.

In modified comparative negligence states, you can only file a personal injury if you are under the threshold of either 50 percent or 51 percent fault, depending on the state. As in pure comparative negligence states, the plaintiff’s compensation is reduced by the same percentage as their percentage of fault.

It’s worth noting that Alabama, Maryland, North Carolina, and Virginia continue to follow the doctrine of contributory negligence, under which a plaintiff cannot recover any financial compensation if they bear any responsibility for the accident.

What Should You Do if You’ve Been Involved in an Accident?

Although most people immediately think of car accidents when they think about claims for personal injuries, there are many situations where you might be entitled to financial compensation, including vehicular accidents, dog bites, medical malpractice, workplace injury, and product or premises liability. 

What steps should you take if you’ve been involved in an accident? The most important step is to gather as much evidence as possible, even if you’re unsure if you will pursue a personal injury claim. Take pictures of the site of the accident and any injuries you sustain, and ask for a copy of the police report if there is one. Get eyewitness statements, take notes at doctor appointments, and keep medical records with any other necessary paperwork. 

Other steps to take after an accident include:

• Exchange contact information with the other parties involved

• Notify your insurance company

• Seek medical care, if needed

• Research the laws in your state to know what type of comparative negligence rules apply

• Consult with an experienced personal injury lawyer

Most personal injury lawyers offer free consultations to help you determine whether or not you have a strong case. They will also be familiar with the relevant laws in your state and will be able to guide you through the process of filing a claim. 

Protect yourself and your assets by hiring a lawyer who is well-versed in filing claims for personal injuries. Take the worry off your plate and begin to heal from your injury, knowing your case is in good hands.