Yes, you can usually still receive compensation even if you are partially at fault for a car accident. Being involved in a crash is a stressful and overwhelming experience. It is completely normal to replay the event in your mind and wonder if you could have done something differently. If you suspect you might share some of the blame for the crash, you likely feel anxious about how this impacts your ability to pay for medical bills, car repairs, and lost wages.
We understand how heavy this burden feels. At Rob Levine Law, we want to reassure you that sharing some of the fault does not automatically prevent you from receiving financial help. The law recognizes that accidents are rarely simple and multiple factors often contribute to a crash.
Understanding Comparative Negligence
In the legal world, shared blame is handled through a concept called “comparative negligence” or “comparative fault.” This rule determines how much compensation you can recover based on your percentage of responsibility for the car accident. Instead of a strict all-or-nothing approach, the court or insurance company reduces your total compensation by your assigned percentage of fault.
For example, if you have $10,000 in damages but are found to be 20% at fault for the accident, your final compensation would be $8,000.
The specific rules change depending on where the accident occurred. Because Rob Levine Law assists clients across New England, we put together a breakdown of how your state handles shared fault.
How Shared Fault Works by State in New England
Rhode Island: Pure Comparative Negligence
Rhode Island follows a pure comparative negligence system, which is one of the most flexible rules for accident victims. Under this rule, you can seek compensation even if you are found to be significantly more responsible for the accident than the other driver. Even if you are 99% at fault, you are still legally entitled to recover 1% of your damages. While the amount you receive is reduced by your percentage of fault, the law ensures that every party is held responsible for their specific share of the negligence. This system prioritizes fairness by making sure that one person does not carry the entire financial burden when multiple people contributed to the incident.
Massachusetts: Modified Comparative Negligence
Massachusetts follows a modified comparative negligence rule, specifically guided by Massachusetts General Laws Chapter 231 Section 85. In this state, you can recover damages as long as your share of the fault is not greater than the combined fault of the other parties involved. This is often called the 51% rule. Essentially, you can receive compensation if you are 50% at fault or less. However, if your responsibility reaches 51%, the law bars you from recovering any damages from the other party. It is vital to have a clear understanding of the facts in your case, as a difference of only 1% in fault can be the difference between receiving a settlement and receiving nothing at all.
Connecticut: Modified Comparative Negligence
Connecticut uses a similar 51% rule to Massachusetts. According to Connecticut General Statutes Section 52-572h, contributory negligence does not prevent you from recovering money if your negligence was not greater than the combined negligence of the people you are seeking recovery from. You can still get compensation if you are up to 50% responsible, but your damages will be reduced proportionally. This means if you are 25% responsible for a collision because of a minor lane change error, the total award for your injuries and car repairs will be lowered by exactly 25%. Our team at Rob Levine Law works to ensure that your percentage of fault is not overstated by insurance companies.
New Hampshire: Modified Comparative Fault
New Hampshire also follows a modified comparative fault model. Under New Hampshire statutes regarding the apportionment of damages, a plaintiff can recover damages if their fault is not greater than the fault of the defendant. Just like in Massachusetts and Connecticut, you must be 50% or less at fault to be eligible for financial recovery. If the evidence shows that you and the other driver were equally at fault (a 50/50 split), you can still recover half of your damages. However, if the court determines you were more responsible than the other driver, you lose the right to collect compensation.
How Fault Is Investigated After a Car Accident
Determining who is responsible for a collision involves a meticulous review of the facts that goes far beyond a simple exchange of information at the scene. Because insurance companies often look for any reason to shift a higher percentage of blame onto you to reduce their payout, a formal investigation is the only way to ensure the truth is documented. This process is about uncovering objective evidence to build a clear picture of the moments leading up to the impact.
The investigation into your accident typically involves several layers of professional scrutiny:
- Evidence Collection: This begins with securing the official police report, but it also includes searching for less obvious evidence like nearby doorbell camera footage, commercial security video, and “black box” data from the vehicles involved.
- Witness Interviews: Memories can fade or change over time. A legal team moves quickly to record statements from neutral third parties who saw the accident unfold, providing a perspective that is independent of the drivers’ accounts.
- Expert Consultation: In complex cases, accident reconstruction experts are brought in to analyze skid marks, vehicle damage patterns, and road conditions. They use these data points to scientifically determine speeds and points of impact.
- Review of Traffic Laws: Every state in our region has specific statutes regarding right-of-way, signaling, and speed. The investigation compares the actions of all drivers against the laws in New Hampshire, Connecticut, Massachusetts, or Rhode Island to identify specific legal violations.
At Rob Levine Law, we focus on these details to ensure that fault is assigned fairly and accurately. By managing the technical and investigative side of your claim, we protect you from being held responsible for a crash that was not your fault. We are here to listen to the details of your situation and ensure that the insurance companies see the full, honest picture of what happened.
Speak With a Lawyer to Have Your Case Reviewed
You do not have to figure out the legal details or argue with insurance adjusters on your own. If you are worried about how shared fault might affect your claim, we invite you to reach out. We offer a free case evaluation to sit down with you, listen to what happened, and explain your options clearly. Call (888) 791-9135 or visit our contact page for a free consultation. We are here to help you find a path forward.
