How Do Different States View Fault?
Sep 13, 2021
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Each state views fault in car accidents differently. Some states do not allow you to seek compensation if you were more than 50 percent at fault. In other circumstances, you can file a claim or lawsuit even if you caused 99 percent of the crash. It all depends on the rules of your state.This article will discuss what those specific rules are and how they can affect your settlement amount if you’re hurt in a collision.
Why Is It Important to Prove Fault in Car Accidents?
In most states, even found partially responsible for a collision, the insurance company will reduce the amount of money you can get. For the sake of explanation, consider the following hypothetical scenario:
You came to a rolling stop at a stop sign, where you collided with someone who was speeding. Technically, both of you were negligent; you failed to obey a traffic signal, and the other party was going over the speed limit. Upon reviewing your case, the insurer might say that you were 20 percent at fault, and the other party was 80 percent at fault.
Now, suppose your damages cost $100,000. Because you were partially responsible for what happened, your settlement would be reduced by 20 percent. So, in this instance, you could only seek $80,000.
You don’t want to miss out on any compensation you deserve for your losses. By using the evidence in your case, you can convince the insurer that you are entitled to the money you are owed. However, your state’s negligence system could play a crucial role in your ability to reach a settlement.
In These States, Even One Percent Fault Bars You from Compensation
Some states have really harsh laws when it comes to negligence. For instance, if you live in a “pure contributory negligence” state, even if you are one percent responsible for a collision, you could be ineligible to seek damages. These states include:
· Alabama
· Washington, D.C. (although this state has its own stipulations)
· Maryland
· North Carolina
· Virginia
Some States Operate on a “Modified Comparative Negligence System”
Despite the name, car accidents are anything but accidents. There is always someone whose negligence caused the crash, whether that negligence lies with an individual, manufacturer, or government organization. In a modified comparative negligence system, you cannot pursue damages if you’re 50 percent or more at fault for an accident.
Examples of these states include:
- Arkansas
- Colorado
- Georgia
- Idaho
- Kansas
- Maine
- Nebraska
- North Dakota
- Tennessee
In the following states, you can’t recover damages if you’re more than 51 percent responsible for a collision:
- Connecticut
- Delaware
- Hawaii
- Illinois
- Indiana
- Iowa
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nevada
- New Hampshire
- New Jersey
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Carolina
- Texas
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Some States Operate on a “Pure Comparative Fault” System
In some states, while your percentage of fault can reduce your overall settlement, it does not bar you from seeking damages. This is called operating on a pure comparative negligence system. Basically, even if you caused 99 percent of a crash, you could still pursue one percent of your damages.
The following states adhere to those set of rules:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
South Dakota Has a Special Exception
South Dakota’s the wild card on our list. That’s because it operates on a “slight/gross negligence comparative” system. These cases are largely judged on an individual basis, depending on who is handling the case and where the accident occurred.
These cases also tend to be contentious since even being assigned one percent fault could be detrimental to your case’s overall success.
What’s a No-Fault State?
Many people see the term “no-fault state” and incorrectly assume they have no legal recourse. This is simply not the case. “No fault” means that if you get into an accident, you file a claim with your own insurer. Many (if not all) no-fault states require that you carry personal injury protection (PIP) coverage, which covers your medical bills up to a certain amount.
Some states will operate under no-fault systems and comparative negligence systems. Click here to view the rules of your state and how it defines fault and negligence.
Can You Sue in a No-Fault State?
Absolutely. If your insurance coverage doesn’t fully cover your losses, you could file an insurance claim with the other party’s provider. Still, if the insurer doesn’t want to offer a settlement, you could file a civil lawsuit.
Depending on your state’s laws, you could have anywhere from two to six years to file a lawsuit. However, these deadlines could differ if you were hit by a government-owned vehicle; those cases generally have more stringent timelines.
What Should I Do if I’m Blamed for an Accident I Didn’t Cause?
First things first, as an American, you have every right to represent yourself “pro se.” This means you don’t need a lawyer to give you advice or counsel. Basically, you act as your own lawyer. While the American Bar Association notes that without legal education, you’re at a disadvantage in court, the same organization notes that most car accident cases are resolved through insurance settlements anyway–-so you probably wouldn’t even need to file a civil lawsuit.
With that being said, if you’re unjustly blamed for an accident, here are some considerations that could help you:
· Present the liable insurer with evidence. Get a copy of the police report. Write down your account of events. Put the insurer in contact with eyewitnesses. All of these measures could prove that you’re the injured party and not the negligent one.
· Negotiate a settlement. You might be willing to settle for a lower amount than you initially wanted. While this should be a last resort, sharing this information with the insurer could encourage them to resolve your situation.
· File a lawsuit. We’re just suggesting that you file a lawsuit––and not actually follow through with it. Sometimes, filing a lawsuit is enough to intimidate the insurer into settling. If your case does make it to trial, again, you have the right to represent your own case. Just be sure to do your homework on courtroom protocol first, however.
The Takeaway
For more information about how your state views fault and negligence in car accidents, be sure to consult your state’s specific laws. Sometimes, “loopholes” exist to give injured claimants an advantage. You could also consider legal aid if your injuries and damages are especially severe.
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