Can I still recover compensation if I was partly at fault?
I was hit while crossing the street, but I was not quite in the crosswalk. The driver was speeding. Does my mistake mean I get nothing?
1 lawyer answer
In many places, no. Most jurisdictions use some form of “comparative negligence,” where your compensation is reduced by your share of the fault. For example, if you were found 20% responsible, your recovery might be reduced by 20%.
Some systems bar recovery if you are 50% or more at fault, and a small number use stricter rules that can bar recovery for any fault at all. Which rule applies depends on where the accident happened.
Evidence like dashcam or security footage, witness details and the police report can make a big difference to how fault is divided.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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