Legal Guide

Can a Lawyer Help if I Was Partly at Fault?


Accidents of any kind can be traumatic events. Dealing with damage to property and issues concerning yourself and others involved takes patience and empathy. Having a lawyer on your side can help ease the stress of legal proceedings following a crash.

Many states have enacted laws specifically when two or more people are at fault for causing a vehicle wreck. Even if you are part of the blame for the crash, you might be eligible for compensation to cover injuries and damages. A lawyer can help you navigate the procedures and increase the chances of a successful outcome for your case, given the circumstances.

Getting Help From a Lawyer When You Are Partly Responsible

Say that you are in a car wreck and someone behind you is tailgating or fails to turn on the brakes in time enough to avoid a rear-end collision. If you were driving under the speed limit in this hypothetical, you could partially be at fault for failing to properly gauge your mph. Things like this happen all the time.

Lawyers can help you if you are involved in an accident and share the blame with other people. In law, this is known as comparative fault or comparative negligence. Each state has laws detailing the specifics of comparative fault, sometimes with provisions that vary from one place to another.

In Florida, a Tampa car accident attorney can help clients pursue compensation proportionate to the percentage of blame they cause in the accident. The state uses pure comparative negligence to determine relevant case outcomes. If a person causes a portion of the accident, such as 30%, they collect 70% in damages.

Again, this can change based on several factors, including the nature of the accident, the number of people that are part of it, and whether it's settled in court.

All You Need to Know About Comparative Fault

The following are important details to remember about comparative fault:

  • The insurance companies of all parties are notified, and they make communicative efforts to determine who is and who isn't to blame.
  • A lawsuit is filed with the help of attorneys against the defendant who holds a higher percentage of the blame.
  • Money is distributed according to the claims made by the insurers.

An accident attorney handles such cases all the time and will inform you of any damages to which you might be entitled. They can also estimate the percentage that might be deducted from the sum in correspondence with your fault. In other words, your recovery depends on the negligence that's apportioned to you.

Another example is stopping to change a tire after getting swiped from the side. If a drunk driver hits the vehicle after you forget to turn your hazard lights on to survey damages, all the drivers involved could be held liable. As a result, the damages might be tallied from the primary cause of the wreck, though drinking and driving could result in little to no compensation.

Don’t Be Afraid to Seek Compensation

The number of people that have missed out on monetary payment from thinking they were at fault in an accident is very high. You should never feel intimidated to contact a lawyer to gain more information about your case.

Speak with a legal expert who is trusted and well-received in your area. They can answer any question you have about comparative negligence regarding your case. You may find that you are not at fault at all or responsible only for a small percentage. Many attorneys offer an initial consultation to their clients free of charge.

While in the process, you will get answers about relevant state law, what constitutes a comparative fault, and if your situation is pursuable with a lawsuit. Give as many details about the accident as you can so that the lawyer can better assess if it is grounds for you to receive a fair share of the money.

Time Is of the Essence

Don't wait until it's too late to make a claim. Even when in a place with either pure or partial comparative negligence, the situation of your case might seem that you receive a considerably higher amount of money than you may have thought possible.

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