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Can you get damages if partially at fault in a car crash?

On Behalf of | May 28, 2024 | Personal Injury |

Fault is a crucial factor in car accident cases. Determining who is at fault affects how liability is assigned and can influence the outcome of insurance claims and lawsuits. In some motor vehicle accidents, multiple parties may share fault, albeit unequally, which can affect the degree of compensation each party receives.

Nonetheless, it is essential to understand the applicable laws before pursuing a claim to ensure you are making informed decisions.

What does your state say?

Whether you can file a claim for damages when partly responsible for the car accident will largely depend on the negligence laws of your state. In Maryland and Washington, D.C., courts follow a contributory negligence rule in cases like this. With this rule, individuals in a car accident can only recover damages for their injuries if they are not, at any extent, at fault for the crash.

Following this rule, you must have no fault at all for you to be able to pursue damages for your injuries. If you were at the slightest responsible, even one percent at fault, these states bar you from recovering compensation.

Note that the contributory negligence is the stricter rule in the spectrum and most states follow more lenient negligence laws.

Facing your case with the right tools

If you were injured in a motor vehicle accident and have several questions about pursuing a claim, adequate research and proper legal guidance can help you find the answers you are looking for. It is highly advisable to consult with a knowledgeable auto accident attorney to ensure your rights remain protected during these trying times.