After a car accident, questions about who was at fault can quickly become complicated—and they matter. If you were partly responsible for the crash, you may wonder whether you can still pursue compensation for your injuries and losses. The short answer? It depends on the laws in your state and how your degree of fault is evaluated.

Sharing fault for an accident doesn’t automatically disqualify you from recovering damages, but your compensation could be reduced depending on your role in the incident. Understanding how fault is determined, how states handle comparative negligence, and how your actions factor into your case is essential when deciding your next steps.

This blog article explores how shared fault impacts car accident claims and what injured drivers need to know to protect their legal rights.

What Is Comparative Negligence, and How Is It Applied to Car Accidents?

Many states follow some version of "comparative negligence" law. This legal principle allows multiple parties to share responsibility for an accident. Instead of assigning all the blame to one person, a percentage of fault is given to each party involved.

For example, if you were rear-ended but had a brake light out, the other driver might be 80% at fault and you might carry 20% of the blame. Your total compensation would be reduced by your percentage of fault.

There are two main types of comparative negligence:

Pure Comparative Negligence

In states that follow a pure comparative negligence model (like New York and California), you can recover compensation even if you are 99% at fault—though your award will be reduced by that percentage. So if your total damages were $100,000 and you were 70% at fault, you could still recover $30,000.

Modified Comparative Negligence

Other states use a modified comparative negligence rule. In this system, you can only recover damages if you are 50% or less at fault (some states set the limit at 51%). If you're more than 50% to blame, you may be barred from recovering any compensation.

Pennsylvania, for example, follows the 51% rule. If you're found to be 51% or more at fault, you cannot collect damages. However, if you’re 50% or less at fault, your compensation is reduced based on your share of responsibility.

How Fault Is Determined After a Car Accident

Determining fault is not always straightforward. Insurance adjusters, attorneys, and sometimes courts will consider:

• Police reports and citations issued at the scene
• Witness statements
• Photos or video footage from the accident
• Vehicle damage and crash analysis
• Traffic laws that may have been violated

In some cases, experts like accident reconstructionists may be used to help clarify how the crash occurred.

Why Comparative Negligence Matters For Your Accident Claim

Understanding your level of fault is essential when calculating how much you might receive in a settlement or lawsuit. Even a minor share of the blame can significantly reduce the compensation you’re entitled to.

Let’s say your total damages are $50,000. If you’re found to be 20% at fault, you would only receive $40,000. That 20% can represent a significant financial impact, especially if medical bills, lost wages, or ongoing treatment are involved.

Steps to Take If You May Share Fault In a Car Accident

If you think you may be partially responsible for a car accident, it’s important to:

• Avoid admitting fault at the scene: Let investigators and insurers determine what happened based on evidence.
• Collect documentation: Take photos, get witness contact information, and keep records of everything.
• Get medical attention: A medical report can serve as key evidence, and early treatment supports your claim.
• Talk to a personal injury lawyer: An experienced attorney can help determine how much fault you may carry and advocate on your behalf.

Car Accident Negligence Laws Vary by State

Since negligence rules vary by state, it's important to work with an attorney who knows the laws in your specific area. Brandon J. Broderick, Attorney at Law, practices in several states that follow comparative negligence rules, such as New Jersey, Pennsylvania, Florida, and Connecticut. An attorney can help build a strong case that accurately represents your share of responsibility and maximizes your compensation.

Call Brandon J. Broderick For Legal Help

Even if you think you might share fault in a car accident, you could still be eligible for compensation. At Brandon J. Broderick, Attorney at Law, we understand how comparative negligence laws work and how to fight for fair outcomes, even in complex cases.

Don’t leave your financial future in the hands of an insurance company. Contact us today for a free consultation.