Can I File A Car Accident Lawsuit If I Was Partially At Fault For My Accident?

In most circumstances, even if you’re partially responsible for the car accident that caused your harm, you can still recover. We call it comparative negligence, and what comparative negligence will do is limit the amount that you’re able to recover based on the percentage of fault that a jury may attribute to your responsibility. But it doesn’t mean that you can’t recover at all.

For example, a motorcycle rider may choose not to wear a Helmet and a jury might determine that in itself is negligent, but it doesn’t necessarily change the fact that a drunk driver blew through a stop sign and hit that motorcycle rider. A jury is going to determine what percentage of fault may be attributed to the motorcycle rider versus the drunk driver.

It’s a complicated matter and that’s why it’s always important to talk with an experienced lawyer who knows how comparative fault laws work to determine whether you’ve got a case at all.