Can Both Parties Be At Fault After A Car Accident?



Can both parties be at fault after an accident?

Car accidents often leave victims dealing with serious injuries and financial concerns. However, in many cases, they can go after the at-fault party to try to obtain compensation for their losses. Determining who is liable is complicated, and it can become even more complicated when more than one party is responsible. Any number of individuals or entities can be liable, depending on the circumstances.

What Happens When Both Parties are Responsible For an Accident? 

When both parties share responsibility, understanding how the legal system addresses shared fault is crucial for determining liability and securing appropriate compensation. Here are some important things to know:

Comparative Fault

Comparative fault (often called comparative negligence), is a legal principle used in many jurisdictions to divide responsibility between parties involved in an accident. Under this system, each party’s degree of fault is determined, and compensation is awarded and adjusted proportionately based on their contributions to the crash. 

For instance, if Driver A is found 60% responsible and Driver B is 40% responsible for the accident, Driver B’s compensation would be reduced by their 40% share of fault. Comparative fault aims to provide a fairer distribution of liability.

Contributory Negligence in Washington D.C.

Washington D.C. is one of the only jurisdictions that uses the contributory negligence standard. Under contributory negligence, if the victim is found to be even slightly at fault – as little as 1% – they are entirely barred from recovering any damages. This means that in accidents where both drivers share some responsibility, the burden is on the victim to prove that the other party was solely responsible for the accident. 

Exceptions: Vulnerable Road Users

Despite the harshness of contributory negligence in Washington D.C., there are important exceptions designed to protect vulnerable road users such as pedestrians, cyclists, and motorcyclists. These individuals are subject to a modified comparative negligence standard, which allows them to recover compensation even if they hold some degree of fault, provided their negligence does not exceed 50% of the total fault. 

(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:

(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user; or

(2) A vulnerable user of a public highway or sidewalk involved in a collision with a pedestrian.

This exception acknowledges the heightened risks faced by vulnerable road users and ensures they have a fair chance to receive compensation for their injuries, even when they bear partial responsibility for the accident.

Why You Need a Personal Injury Lawyer After an Accident Where You’re Partially Responsible

After an accident where you are partially at fault, hiring a personal injury lawyer is essential. Your attorney can help accurately assess the extent of your liability to ensure you aren’t prohibited from recovering damages for your losses. They will meticulously gather and present evidence to demonstrate the other party’s degree of fault. 

This usually includes witness statements, accident reports, surveillance footage if available, and expert testimony in some situations. Your trusted Washington D.C. car accident lawyer will also negotiate with insurance companies to get you as much compensation as possible.

If you’ve been involved in an accident that you were partially responsible for, contact a lawyer as soon as possible. Reach out today to schedule a free consultation with Lightfoot Law.