If I’m Partially At Fault for a Car Accident, Can I Still File a Lawsuit?

This video features Tyler D. Bailey, Esq., a Criminal Law attorney based in South Carolina.

Attorney Tyler Bailey | 888-981-0034 | Free Consult

If you are partially at fault for a car accident, can you still file a lawsuit to help cover your expenses? If so, how? Is this a process someone can handle on their own, or do they need an attorney’s help?

Tyler Bailey is the founder of Bailey Law Firm, which is based in Columbia, South Carolina. He can assist with matters ranging from personal injury and workers' compensation to criminal defense, family law, and civil law. He was named one of the Top 40 Under 40 trial lawyers by National Trial Lawyers Monthly.

In this Quick Question, Bailey explains when you are entitled to file a car accident lawsuit even if you had some responsibility for the crash. It should be noted that the law surrounding partial liability in car accidents varies from state to state.

To learn more, contact the attorney directly by calling 888-981-0034 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

As long as you are not more than 50% at fault for the accident, you can still file.

Even if you are concerned that you might have been partially at fault for a car accident, as long as you are decided to be no more than 50% at fault you can still seek legal compensation for your damages. However, in these situations, it takes an expert to evaluate the situation and decide what percentage of fault belongs to you.

In many car accidents and especially those in which the injured party fears they might be partially at fault, it is essential to contact an attorney. A car accident attorney will know how to handle the partial fault and will have access to expert resources who can help evaluate your fault in the situation.

It’s important to refrain from speaking to the other driver, insurance companies, etc. until speaking to an attorney.

One of the most important things to remember if you think you might be partially at fault for a car accident is to refrain from speaking to anyone other than your attorney without counsel. This includes the other driver and any insurance company that contacts you, even your own. Even something as simple as a blanket apology could be taken as an admission of guilt. This is why it’s a good idea to simply take down the contact information of the person or insurance adjuster requesting to speak with you and let them know your attorney will be in touch, even if you have not yet hired one.

Your eligibility for compensation after being partially at fault could vary from state to state.

Eligibility for compensation after a car accident for which you are partially at fault can vary depending on where you live. Additionally, it’s important to remember that what might seem like your fault in the midst of the situation could actually be proven to have occurred due to a myriad of factors that do not constitute legal fault. These are just two more reasons why it is paramount in this situation to seek legal counsel from a reputable car accident attorney regarding your situation before taking any kind of action.

The majority of reputable car accident attorneys offer free consultations and work on a contingency fee basis, which means they don’t get paid unless and until they win your case. If you might have been partially at fault for a car accident speak to an attorney about your eligibility to seek compensation.

To learn more, contact Tyler Bailey directly by calling 888-981-0034 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

Rob Rosenthal:

It's time for an AskTheLawyers.com Quick Question. You're in a car accident and some of the fault is yours. Can you still sue for damages? We asked South Carolina injury attorney, Tyler Bailey.

Tyler Bailey:

In South Carolina, you can still bring a personal injury case, even if you're partial at fault as long as you are not more than 51% at fault than the other party.

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