Your Trial Lawyer

Can I pursue a lawsuit if the accident was partially my fault?

Yes,  you may be able to pursue a lawsuit if the accident is partially your fault. However, the outcome varies depending on the negligence laws in your state. 

For instance, in California, it is possible for you to recover damages or pursue a lawsuit even if you’re at 70% fault. In this case, you would only be compensated for 30% of the damages. This is what we call Pure Comparative Negligence. In states like Texas, recovery is only allowed if you are less than 50% or 51% at fault, this is called Modified Comparative Negligence. Let’s not forget that final recovery only depends on how a jury evaluates the fault and how it is apportioned. And in Contributory Negligence States, like Virginia, if you’re even 1% at fault, you won’t be able to pursue a lawsuit.

Ultimately, being able to pursue a lawsuit mainly depends on your state’s negligence rules.

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