Yes, you can still file a lawsuit even if you were partially at fault for a car accident. The ability to file a lawsuit and seek compensation depends on the laws of the jurisdiction where the accident occurred. Two common legal frameworks that determine how partial fault affects a lawsuit are comparative negligence and contributory negligence.
1. Comparative Negligence: In jurisdictions that follow a comparative negligence system, such as the majority of states in the United States, you may still be able to recover damages even if you were partially at fault. The amount of compensation you can receive will be reduced by the percentage of fault assigned to you. For example, if you were found to be 20% at fault and your total damages were $100,000, you would be eligible to receive $80,000 (80% of the total damages).
2. Contributory Negligence: In some jurisdictions, a contributory negligence system is followed. Under contributory negligence, if you are found to be even slightly at fault for the accident, you may be completely barred from recovering any compensation. However, contributory negligence is relatively rare, and most jurisdictions have moved towards comparative negligence systems.
It's important to consult with a lawyer in your jurisdiction who specializes in personal injury law. They can assess the specific laws and regulations that apply to your case, evaluate the evidence, and advise you on the best course of action. They will be able to navigate the legal complexities and help you understand your rights and options for seeking compensation, even if you were partially at fault for the accident. Reach out to us today for a free consultation at (817) 335-5100.