Most drivers, when they are in a traffic accident, are aware that they made a mistake before the collision so they falsely assume that they are not entitled to compensation and therefore do not even bother to file a claim.

This is a big mistake. While it is true that, car accident claims are not simple, an attorney knows how to get a partial recovery, even if the driver made a mistake.


Comparative negligence» is a very common legal concept in personal injury cases. This concept applies to situations where the injured parties may also be at some degree of fault in the accident.

Most states apply a «modified comparative negligence» standard to these cases. This standard allows certain car accident victims to recover some compensation, even if they made a mistake.

This rule recognizes that when someone is more at fault than you are, you must be held accountable for a portion of your damages.

Keep in mind that each state has its laws regarding comparative negligence and contributory negligence, and an experienced attorney can advise you of your rights depending on where and how the accident occurred.

Comparative negligence follows the 51 percent standard on the scale. This rule states that a person is not entitled to seek compensation for losses caused by the accident if he or she was at least 51 percent at fault in the accident. On the other hand, if he or she was 49 percent or less at fault, he or she is entitled to recover some of the compensation.

How much can you recover under this rule?

 This depends on the degree of fault that contributed to the incident. This percentage can be determined by an insurance company or a jury.

If you are less at fault than the other party, you may seek recovery of your losses minus the percentage of your fault.

This may sound confusing, and that’s because it is for most people.

It can be a complex legal problem and that is why you will need a highly qualified attorney to represent your rights if you also contributed to the accident.

Always remember that everything the insurance adjuster tells you about this is not true. Instead, discuss your accident with a car accident attorney you can trust who can evaluate your true rights to compensation.

If you deserve compensation, an attorney will help you provide evidence to the insurance company to prove that the policy owner was more at fault and therefore advocate for the full amount owed.