The Impact of Comparative Fault in Car Accident Claims

Each year, millions of car accidents result in injuries. These could be as simple as broken bones or as complex as PTSD and whiplash. No matter what injuries you’re facing, one thing’s for certain: The emotional and financial costs can start to add up.

Many people try to recover these expenditures by pursuing compensation from the other party in the car accident. The sum of money you’re eligible to receive typically depends on how much you contributed to the accident and your state’s specific laws about comparative fault.

Types of Comparative Fault Systems

Comparative fault laws vary by state, but there are two main systems: pure comparative fault and modified comparative fault.

In the pure comparative fault system, injured parties can recover damages regardless of their level of fault, but their recovery is reduced by what percentage of the accident was their fault. For example, if someone is 80% at fault for $10,000 in damages, they can still recover $2,000. States like California and New York use this approach.

Unlike pure comparative fault, modified systems impose limits. In states that follow the 50% bar rule, people can recover damages only if their fault doesn’t add up to more than 50%. In 51% bar rule states, victims must be less than 51% at fault to recover damages.

For example, in a 51% bar rule state, someone who is 50% at fault with $20,000 in damages could recover $10,000. However, if that same person were found to be 51% at fault for the accident, they would receive nothing. Colorado and Texas are examples of this system.

States like Pennsylvania also follow the 51% Bar Rule. Additional details in Pennsylvania, like limited and full tort insurance, come into play. Generally, full tort coverage allows a person to sue with no limits, including for non-economic damages like pain and suffering. While cheaper up-front, limited tort coverage limits the financial compensation a person can try to claim.

How Is Fault Determined?

Determining fault in an accident isn’t as simple as watching a video and deciding who caused the accident. Courts consider multiple pieces of evidence and use them to assign a specific value percentage to each party in the accident.

Some of the evidence courts could use to make their final assessment include police reports, witness statements, and sometimes accident reconstruction experts. These resources help clarify the events leading up to the accident, which can be a huge help when it comes to deciding how much fault to assign to each party.

Insurers may also evaluate evidence to assign fault percentages, which directly influence payouts. However, their goal is to minimize payouts, which may lead to questionable results. Because of this, it’s important to review their assessments carefully and talk to a car accident lawyer if something doesn’t look right.

How Comparative Fault Affects Compensation

Comparative fault mainly exists to determine how much compensation the injured party in the accident is allowed to receive. The higher your percentage of fault, the lower your potential recovery. 

Here’s a hypothetical scenario: For example, if you are awarded $50,000 in damages but are 40% at fault, you’ll only receive $30,000. If you are only 10% at fault, you’ll receive $45,000.

In modified comparative fault states, exceeding the fault threshold — 50% or 51%, depending on the rule — prevents you from recovering any damages. This limit is designed to act as an incentive for drivers to be more cautious on the road since reckless driving can likely put you over the threshold.

How Can You Minimize Fault?

If you’ve been involved in a car accident, you’ll want to minimize your percentage of fault. To do so, make sure you take some of the following steps:

• Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. 

• Document Everything: Keep detailed records of medical treatments, repair estimates, and any correspondence with the other party or insurers.

• Consult Legal Experts: A personal injury firm like Cohen, Feely, Altemose & Rambo can help challenge unfair fault determinations.

The Bottom Line

In car accident claims, comparative fault is one of the main tools that courts could use to determine how much compensation you can receive. Understanding the types of comparative fault systems and how fault is assigned can help you better navigate the claims process.

To maximize your recovery, gather evidence, document all relevant information, and consult legal experts. Whether you are a victim or a defendant, knowing how to minimize your fault percentage can make a difference in the outcome of your case.