The King Law Firm, PLLC
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Can I recover damages if I am partially liable for my accident?

When a driver fails to operate their vehicle safely, they may cause a car accident involving pedestrians or other vehicles. However, there may be multiple parties at fault for an accident. In fact, many accident victims contribute to their own accident-related injuries and damages by their own negligent actions.

Common forms of negligence

Motorists and pedestrians can act negligently and be partially liable for their own car accidents. Some common forms of driver negligence include:

  • Failure to pay attention/distracted driving
  • Failure to yield the right-of-way
  • Impeding traffic
  • Failing to wear a seatbelt
  • Driving while under the influence of alcohol

Pedestrian negligence may include:

  • Failing to use crosswalk
  • Failing to keep a proper lookout
  • Weaving through traffic
  • Suddenly jumping in front of a vehicle
  • Ignoring a walk signal

What is comparative negligence?

If you are partially responsible for your own accident, certain states will still allow you to recover damages from other negligent parties. Under Mississippi’s comparative negligence law, motorists and pedestrians who contributed to their own accident-related injuries and damages can recover a portion of the damages awarded to them. Generally, the damages awarded will be reduced based on the percentage of fault attributed to them.

For example, say an accident occurred at an intersection, where one party ran a stop sign and struck another vehicle. The other vehicle may be held partially liable for the accident for failing to keep a proper lookout or driving at an excessive rate of speed. If the driver of the other vehicle is awarded $100,000 in damages but is found 30 percent at-fault for the crash, he or she can only recover $70,000 of the $100,000.

If you were partially at-fault for your own accident, you can still recover damages to pay for your medical expenses, lost wages, and other accident-related costs. A personal injury lawyer can review your case and give you a realistic picture of how much you will recover if you move forward with your claim.



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