Can You Sue for a Car Accident if You Were Partially at Fault?
When someone is involved in a car accident, one of the first questions that often arises is whether they can take legal action if they were partially responsible for the crash. This is a common concern because collisions rarely happen with only one person to blame.
Many accidents involve multiple factors, such as speeding, distracted driving, or weather conditions, which means fault can be shared. That leads people to wonder if compensation is still possible in these circumstances and how liability is determined when responsibility isn’t clear-cut.
When you’re facing medical bills, lost wages, and ongoing pain, it’s important to get clear answers about your rights and what steps you can take. That’s why having a trusted car accident attorney is so important. At Wilson & McQueen PLLC in Lexington, Kentucky, we know how these questions weigh on injured drivers and passengers. If you’ve been involved in a collision and have questions about partial fault, call us today to discuss your case.
What Partial Fault Means in a Car Accident
Fault in an accident isn’t always straightforward. Sometimes, both drivers contribute to the crash. Partial fault means that each driver carries some share of responsibility for what happened. For example, one driver may have been speeding while the other failed to yield at a stop sign.
When fault is divided, the question becomes how much responsibility each party holds. Insurance companies, courts, and attorneys look at evidence such as:
Police reports: Officers often include their assessment of contributing factors.
Witness statements: Bystanders may provide valuable details about the events leading up to the collision.
Traffic cameras or dashcams: Video evidence can clarify the sequence of events.
Accident reconstruction reports: Counsel sometimes review the crash to explain how it occurred.
Because fault percentages directly affect compensation, even a small difference in assigned responsibility can impact what you’re able to recover. This makes it important to understand the legal rules that apply in Kentucky and nearby areas.
How Comparative Negligence Works
Once a partial fault is established, the next step is to apply the rules of comparative negligence. This system determines how damages are divided when both parties share blame.
Kentucky follows what’s known as a pure comparative negligence rule. That means you can recover compensation even if you were more at fault than the other driver. However, your compensation will be reduced in proportion to your percentage of responsibility.
For example:
If you’re found 20 percent at fault and your damages are valued at $100,000, you can recover $80,000.
If you’re 70 percent at fault, you can still recover $30,000.
This system can benefit injured drivers who might otherwise lose their chance at recovery. It also makes the role of a car accident attorney critical because how fault is calculated often determines the outcome of your claim.
Why Fault Percentages Matter
The percentage of fault assigned to each party isn’t just a number—it directly affects your financial recovery. Insurance adjusters often argue for a higher fault percentage for the injured driver, since every percentage point reduces the amount they must pay.
That’s why fault percentages matter so much:
They influence compensation: A 10 percent difference can mean thousands of dollars lost.
They shape negotiations: Insurance companies may settle quicker when fault is clearly established.
They affect litigation: If a case goes to trial, juries will be asked to assign percentages.
Disputes over fault percentages are common, and they highlight why legal representation is often necessary. With the help of a car accident attorney, injured drivers can present strong evidence and protect themselves against unfair blame-shifting.
Evidence That Can Strengthen Your Claim
If you’re partially at fault, presenting solid evidence becomes even more important. Strong documentation can limit your percentage of responsibility and maximize your recovery. Some key forms of evidence include:
Medical records: These show the extent of injuries and connect them directly to the accident.
Photographs from the scene: Pictures can demonstrate vehicle damage, road conditions, and visibility issues.
Cell phone records: If distracted driving played a role, these records can be decisive.
Repair invoices: Proof of prior vehicle issues can sometimes explain why an accident happened.
The stronger your evidence, the more likely it’s that a jury or insurance adjuster will fairly assess your level of fault. Our firm works closely with clients to make sure every detail is documented properly.
Insurance Company Tactics
Insurance companies don’t just evaluate claims—they actively work to limit payouts. When a partial fault is involved, adjusters often use certain tactics:
Shifting blame: They may argue you were more responsible than the other driver.
Downplaying injuries: Adjusters sometimes claim your injuries are minor or unrelated.
Offering low settlements quickly: Early offers may seem helpful but are often far less than the true value of your case.
Misinterpreting evidence: Details may be presented in a way that unfairly increases your share of fault.
Recognizing these tactics helps injured drivers respond appropriately. Working with one of our skilled car accident attorneys allows you to counter these strategies and pursue a fair resolution.
Situations Where Partial Fault Often Arises
Partial fault frequently arises in everyday driving scenarios. Intersection accidents are a common example, since both drivers may believe they had the right of way. Rear-end collisions also create disputes, as the following driver is usually presumed at fault, but sudden stops or mechanical failures can shift some responsibility.
Lane change accidents present similar challenges when both vehicles attempt to move into the same space at the same time. Weather conditions can complicate matters further, as slippery or icy roads often make liability more difficult to determine.
These situations demonstrate that partial fault doesn’t automatically prevent recovery of damages, and each case must be carefully evaluated on its own.
Damages You Can Still Recover
Financial recovery is often one of the most pressing concerns after a collision, especially when questions of partial fault are involved. Even if you’re partially at fault, you may be entitled to a wide range of damages. These typically include:
Medical expenses: Coverage for hospital visits, surgeries, therapy, and medications.
Lost income: Compensation for time missed at work or reduced earning ability.
Property damage: Repairs or replacement for your vehicle.
Pain and suffering: Recognition of the physical pain and emotional stress caused by the accident.
Because every case is unique, the exact amount will depend on your fault percentage and the extent of your losses. A car accident attorney can help calculate damages and present a strong claim.
Why Legal Representation Matters
Managing a car accident claim is challenging, especially when partial fault is involved. Legal representation provides several important advantages:
Accurate case evaluation: Lawyers can give a realistic assessment of potential recovery.
Gathering strong evidence: They know what documentation strengthens a case.
Negotiating effectively: Lawyers are familiar with insurance tactics and how to respond.
Litigation readiness: If a settlement isn’t possible, a lawyer can take the case to trial.
At Wilson & McQueen PLLC, we understand that every client’s situation is different. We take the time to listen, explain your options, and build a strategy that fits your needs.
When a Case Might Go to Court
Most car accident claims are resolved through settlement, but some disputes make litigation necessary. This often happens when there’s a disagreement over fault percentages, such as when an insurance company assigns an unfair share of responsibility to the injured driver.
It can also arise when damages are undervalued, especially if insurers downplay medical bills or the cost of future treatment. In other situations, the problem may stem from settlement offers that don’t truly reflect the losses suffered. When a case reaches the courtroom, clear evidence becomes even more critical.
Having an experienced car accident attorney at your side can make a significant difference in how effectively your case is presented.
Steps to Take After an Accident
Your actions immediately following an accident can impact your claim, especially if partial fault is likely to be an issue. Important steps include:
Call the police: A report helps establish the facts.
Seek medical attention: Immediate care protects your health and documents your injuries.
Gather evidence: Take photos, collect witness information, and note road conditions.
Contact your insurance company: Prompt notification is usually required.
Speak with a lawyer: A car accident attorney can guide you through the process from the start.
Taking these steps helps preserve your rights and strengthens your position if liability is contested later, while also making sure you’re prepared for the challenges that may come during negotiations or in court.
How Our Firm Supports Clients
At Wilson & McQueen PLLC, we’re committed to supporting accident victims throughout Lexington, Kentucky, and the nearby communities. We focus on clear communication by explaining each step of the legal process so clients know what to expect.
Our work includes conducting thorough investigations to gather the evidence needed to build a strong case. We also provide compassionate guidance because we understand the challenges that follow an accident. Above all, we offer dedicated advocacy, working to pursue fair compensation on your behalf.
Reach Out to a Car Accident Lawyer
Being partially at fault for an accident doesn’t mean you lose your right to compensation. With the right support, you may still recover damages for medical costs, lost income, property damage, and more. At Wilson & McQueen PLLC, we serve clients in Lexington, Kentucky, and the surrounding areas, including London, Georgetown, Richmond, and Nicholasville. Call us today to speak with a car accident attorney about your situation.