In many states, including California, you can still file a claim if you were partially at fault in a pedestrian accident. This is generally allowed under the doctrine of comparative negligence, which adjusts the compensation based on the percentage of fault assigned to each party involved. However, the rules surrounding how fault is assigned and how much you can recover vary from state to state.
California follows a pure comparative negligence rule. This means that even if you are 99% at fault for the accident, you can still recover 1% of the damages. In California, the courts will determine the degree of fault for each party involved, and your compensation will be reduced in proportion to your share of the fault. For example, if you are 30% responsible for the accident, you will only recover 70% of the damages.
Texas, on the other hand, operates under a modified comparative negligence rule with a 51% bar. In Texas, you can still recover damages as long as you are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you will be barred from recovering any damages. This means that if your fault exceeds 50%, your ability to file a claim will be entirely eliminated.
Florida follows a similar comparative negligence system but with a key difference. Florida also uses a modified comparative negligence rule, but its threshold is slightly different from Texas. In Florida, you can recover damages as long as your fault is less than 51%. If your fault exceeds 50%, you will not be eligible to recover anything. So, like Texas, Florida restricts the amount of fault you can bear before you lose the right to recover damages.
In other states, the approach varies. Some states use pure comparative negligence (like California), while others use modified comparative negligence with a threshold between 50% and 51% (like Texas and Florida). Some states have even stricter rules, such as contributory negligence, which bars any recovery if the injured party is even slightly at fault. This rule is only followed in a few states, such as Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.
In conclusion, the ability to file a claim and the amount you can recover if you are partially at fault depend heavily on where the accident occurs. California’s system is more lenient, allowing for recovery even with a high percentage of fault. Texas and Florida are stricter, limiting recovery to those who are less than 51% at fault. It’s important to understand the laws in your state, as they can significantly affect your case.
