Can I file a claim or sue if partially at fault for accident?
In this video, Sevenish Law answers the question: Can I file a claim or sue if I was partially at fault for the accident? In most states, yes. In a lawsuit, the jury or judge (if a bench trial) decides who is at fault for an accident, and how much fault each person bears. If they believe you were partly responsible for your own injuries, they will reduce what you recover in proportion to the amount of fault you bear. But in four states and the District of Columbia, you may not collect any money at all if you're found even slightly at fault. In Indiana, you may collect damages and have a valid claim if you were 50% or less at fault. If you were 51% or more at fault, you cannot collect money damages at all. That's why it's important to talk to an auto accident lawyer as soon as possible in order to protect your rights and to minimize any allegations of any comparative fault.