What Happens If Both Parties Are Partially At Fault In A Car Accident?

Partially At Fault In A Car Accident

In a car collision, the fault is not always clear. Sometimes just one driver is found to be at fault in an accident, while sometimes both parties are found to be somewhat at fault. If both drivers are found to be partially at fault in a car accident, the percentage of responsibility could be 50/50, 70/30, or any of several alternative fault proportions. There are numerous aspects to consider when determining fault, making it a difficult procedure. That's why it's best to consult an experienced attorney like to help you with the process.

How is fault determined in a car accident?

The procedure for determining fault in a car accident differs by state. Some states use a no-fault system, which prevents the at-fault driver from being sued for damages, whereas others follow an at-fault rule, which allows damages to be claimed from the opposing party. The amount of fault assigned to both drivers is determined by reviewing the facts, obtaining statements from both parties involved in the accident, interviewing witnesses, and determining how much of a role both parties played in the vehicle accident. When caught in an accident, one should hire lawyers to protect their rights. Professional lawyers from MVP Accident Attorneys provide excellent services which aims to protect their clients.

In states where both parties in a car accident can recover damages, the amount of money received by each party is decided by the percentage of fault. For example, if one party is 20% at blame and the other driver is 80% at fault in a $50,000 accident, the party who is 20% at fault would receive 80% of the damages, and the other driver would receive 20%. If you were in a car accident and were somewhat at blame, but disagree with the degree of fault attached to your conduct, you should consult with a car accident lawyer. Your lawyer will investigate your situation and advise you. If you feel confused after being involved in a car accident, and you’re in the Gainesville, FL area, we recommend speaking with Bagen Law Accident Injury Lawyers to explore your case.

Types of Shared-Fault Car Accidents

  • Comparative Negligence- In comparative liability states, drivers are assigned a percentage of the fault. The other driver can then be pursued based on their level of fault.
  • Contributory Negligence- Other states have a contributory negligence system, in which any percentage of blame in a crash, even 1%, prevents a driver from suing another party for compensation.
  • Modified Comparative Negligence- A modified comparative negligence approach combines comparative and contributory responsibility. A partially at-fault motorist may seek compensation from the other driver or drivers, but only if their own share of the blame does not exceed 50%. A driver assigned a higher percentage of fault loses any rights to seek reimbursement from another driver.

Who Determines Fault in a Car Accident?

If there are no major bodily injuries, the collision is covered by Florida's no-fault laws. In that instance, each motorist would seek compensation from their personal injury protection (PIP) insurance company. However, if serious injuries occur, the accident is subject to the state's comparative negligence statutes.

Based on an officer's determination of fault, the local police may issue a ticket to one or more of the parties involved at the time of the accident.

However, if the insurance company refuses to negotiate, it is advised to go to court. In that situation, the jury will analyze the facts and decide whether one driver was entirely to blame or if both drivers were partially to blame.

Can both parties in an accident seek compensation?

Both parties in a car accident may be able to obtain damages and recovery. The collision must have occurred in an at-fault state, and one car driver cannot be more than 50% at fault for an accident, depending on state rules. The amount of damages that both parties can recover from the accident is determined by how much they are at fault. Insurance companies use a formula to determine how much compensation each driver should receive. While the method differs from one insurance company to the next, the fundamentals remain the same.

The insurance company and the parties involved can then negotiate and change this figure until they are satisfied. Once a total sum has been determined, it can be shared among both parties involved in the accident following state laws.


A lawyer could help you get the settlement you deserve, even if both drivers were partially at fault in a car accident.

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