All accident types
Can I Still Claim If I Was Partly at Fault?
Being partly at fault doesn't always bar a claim. Here's a general overview of how shared fault is typically handled.
Comparative vs. contributory fault
Most states use some form of comparative fault, where your recovery is reduced by your percentage of fault rather than eliminated entirely. A minority of states use stricter contributory fault rules.
How percentages affect recovery
If you're found 20% at fault, your compensation is typically reduced by that percentage under a comparative system.
Some states cap recovery at 50%
In many comparative-fault states, you can't recover if you're found more than 50% at fault — the exact rule depends on where the accident happened.
Why this matters across accident types
Shared fault questions come up in car, truck, motorcycle, pedestrian, rideshare, and bicycle cases alike — the specific rule that applies depends on your state.
Frequently asked
Does being partly at fault always reduce my settlement?
In comparative fault states, yes, typically proportional to your share of fault. An attorney can explain how the rule works in your state.
How is fault percentage decided?
It's often negotiated between insurers based on evidence, or decided by a court if the case goes to trial.
General legal information for educational purposes only — not legal advice, and no attorney-client relationship is created. Laws vary by state and change over time; confirm details with a licensed attorney in your state.