Can I still file a claim if I was partially at fault for a head-on collision?

Being involved in a head-on collision can be a life-changing event, especially if you were partially at fault for the accident. One of the most pressing questions on your mind may be whether you can still file a personal injury claim to recover damages for your injuries and other losses. The answer is not straightforward, and it depends on the specific facts of your case. Here are some general points to consider:

  • Comparative negligence: Most states follow a comparative negligence rule, which means that you can still recover damages from the other driver if you were partially at fault for the accident. However, your damages will be reduced by your percentage of fault. For example, if you were found to be 25% at fault for the accident and your damages were $100,000, you would only be able to recover $75,000.
  • Contributory negligence: A few states follow a harsher rule called contributory negligence, which bars any recovery if you were even slightly at fault for the accident. If you live in one of these states, you may not be able to file a claim, but it’s still worth consulting with an attorney to see if there are any exceptions or alternative legal theories that could apply.
  • Evidence of fault: To recover damages, you must prove that the other driver was negligent and that their negligence caused your injuries. Even if you were partially at fault, you may still have a viable claim if the other driver was more at fault. For example, if the other driver was driving under the influence of drugs or alcohol or was speeding, their conduct may be deemed more egregious than your own.
  • Insurance coverage: Your ability to recover damages may also depend on the insurance coverage available. If the other driver was uninsured or underinsured, you may need to rely on your own insurance policy to cover your damages. If you have uninsured/underinsured motorist coverage, you may still be able to recover some compensation.

It’s important to keep in mind that every case is different, and the specific facts and circumstances of your case can greatly affect your ability to recover damages. That’s why it’s important to consult with an experienced personal injury attorney who can evaluate your case and provide personalized guidance. At The Ruth Law Team, we have decades of experience handling complex personal injury cases, including those involving head-on collisions. We understand how stressful and overwhelming it can be to deal with the aftermath of an accident, and we are here to help you navigate the legal process and fight for the compensation you deserve.

If you or a loved one has been injured in a head-on collision and you are unsure about your legal rights, please contact us at (888) 783-8378 to speak with an attorney. We offer free consultations, and we don’t charge any fees unless we win your case. Let us help you get the justice you deserve.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers for each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.