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What Happens If I Am Partially At-Fault For An Accident?

By: Emma Neynens, Associate Lawyer

If you have been involved in a motor vehicle accident and are partially responsible for causing the accident, you can still recover damages. The percentage of your responsibility is the amount your damages will be reduced by. For example, if you are 25% responsible and your claim is worth $10,000, you would only receive $7,500.

It is important to note the following:

  • Parking lot accidents are not automatically 50/50 and even if your accident is a 50/50 split on liability, you can still recover 50% of your damages.

  • Breach of a statute, e.g. speeding, does not prove you are responsible for the accident. There can be another cause or contributing factor(s) and you could still recover all or part of your damages. The same is true if you receive a ticket, you can still recover.

  • Not wearing your seatbelt is an automatic 25% reduction of your damages unless you can prove that the seatbelt would not have mitigated your damages.

If you have been involved in an accident where you suffered injuries, the Mike Murphy Accident Team is here to help. Even if you are partially responsible for the accident or are unsure about who is responsible, we can meet with you to see what damages you are able to recover.

DISCLAIMER: The publications on this website are intended to provide information of a general nature and not legal advice. The information contained in this publication is current to the date of the publication and may be subject to change following the publication date.

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