What If I’m Partially to Blame for the Accident?

The Modified Comparative Negligence Rule

Modified comparative negligence means that if you are found to have been partially at fault, your total amount of damages or losses will be reduced according to your share of the responsiblity. So, if you sustain $1 million worth of damages in a drunk driving accident but are found to have been 20 percent at fault, you would still recover $800,000. However, as noted above, any party found to have been more than 50 percent responsible for the accident would be ineligible to recover anything.

How Do They Determine My Share of the Blame?

Most car accident claims ultimately settle out of court. However, if your case goes to trial, the jury will determine the amount of fault assigned to each party in your case. They will utilize several different factors to do this, such as the following:

• The police report. It may acknowledge that the other driver was under the influence but also state that you were speeding.
• Statements made by eyewitnesses. Maybe the eyewitness saw the other driver run a stop sign but also saw you texting while driving.
• Surveillance footage. For example, footage from a dash cam or a surveillance camera on private property that captured the accident.
• Medical records. One party may not have followed the doctor’s medical advice, so the jury may find that that party would have physically recovered sooner and incurred a smaller amount of damages by following that advice.
• Statements made by other parties. For example, a medical professional or insurance adjuster.
• Evidence collected at the scene of the accident, such as skid marks, damage to each vehicle, or items found in the vehicles.