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Can I Still File a Claim If I Was Partially at Fault in a Car Crash?

Home  ► Blog  ►  Can I Still File a Claim If I Was Partially at Fault in a Car Crash?

May 7, 2025 | Ashley Rae Rawlins
Can I Still File a Claim If I Was Partially at Fault in a Car Crash?

Sometimes, the story behind a crash doesn’t have a simple villain and victim. Maybe you missed a stop sign, but the other driver was speeding. Or you changed lanes a bit too fast, but they were glued to their phone. In real life, car accidents are messy. Fault isn't always a clean, single-handed matter. But that complexity doesn't necessarily bar you from seeking compensation.

The idea that you can’t recover damages if you played a role in a crash keeps too many people from speaking up. But here's the truth: even if the wreck wasn’t entirely someone else’s fault, you still have legal rights. A car accident lawyer will help you understand how much of the responsibility belongs to you and how much still belongs to them.

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Blame Doesn’t Have to Be All or Nothing

A blue car crashes into a brick house, highlighting questions about fault and filing a claim.

Liability isn't typically about black-and-white blame. The law in most states recognizes that accidents can stem from mistakes on both sides. This concept of shared blame means you can still file a claim even if you played a part in what happened. Your compensation just gets adjusted based on your share of the responsibility.

Let’s say you were found to be 30 percent responsible. You’d still be eligible to recover 70 percent of your total damages. That matters when you’re facing steep medical bills, a wrecked car, and weeks of lost income. An attorney will focus on minimizing how much blame falls on your shoulders – and maximizing what you’re still entitled to receive.

Many people wrongly assume they’re disqualified from any financial recovery just because they weren’t perfect behind the wheel. But imperfection doesn’t cancel out your pain. It doesn’t undo the reckless choices another driver made. And it certainly doesn’t mean you should bear the full cost of a crash that wasn’t entirely your fault.

Why Admitting Partial Fault Doesn’t Shut the Door

It’s easy to think that if you’ve already said something that sounds like an admission of fault, your case is closed. But fault isn’t final just because of a single statement. It’s built on evidence, not just emotion.

A car accident lawyer understands that those first moments are filled with confusion and stress. They’ll go beyond what was said and focus on what can be proven. That means pulling surveillance footage from nearby businesses. Reviewing black box data from both vehicles. Examining the timing of the traffic signals. Talking to engineers about braking distances and crash angles.

What feels like a personal mistake could be a shared responsibility – or even a complete misinterpretation. A single sentence spoken under pressure doesn’t cancel your right to justice. An attorney will help you push past those words and into the full context. They won’t let a moment of vulnerability define your legal future.

Insurance Companies Don’t Hand Out Grace

When you’re dealing with an insurance company, it’s not a conversation – it’s a strategy. Their goal isn’t to understand your experience. It’s to shape a version of events that favors their bottom line. If you’ve admitted anything that sounds like fault, they’ll cling to it like a lifeline.

That’s where your car accident attorney steps in. They’ll pick apart every argument the insurer tries to use against you. If the adjuster says you were speeding, your attorney will want proof. If they claim you could’ve avoided the crash, they’ll ask how and based on what data. This isn’t about accepting their narrative. It’s about replacing it with facts.

Insurance companies often attempt to present their version of events as the only logical conclusion. They speak with certainty about what you should’ve done, as if hindsight were the law. But your car accident lawyer knows better. They’ll challenge those assumptions, dismantle the insurer’s selective storytelling, and highlight the parts of the crash that insurers conveniently ignore.

Partial Fault Doesn’t Cancel Real Injuries

You might have made a mistake behind the wheel. But that doesn’t mean you’re not hurting – and it definitely doesn’t mean you should carry the full financial load. A broken leg still needs a cast. A spinal injury still needs physical therapy. You’re still going to miss work. You’ll still see bills pile up. Those consequences don’t shrink just because you weren’t perfect.

An attorney will fight to make sure your injuries are treated with the seriousness they deserve. They’ll work with doctors, specialists, and medical economists to show exactly what your recovery looks like and what it will cost in the long run. Because you’re not just dealing with today’s pain. You’re facing months, maybe years, of ripple effects.

Physical wounds aren’t the only kind that matters. Emotional trauma is just as valid. A car accident lawyer will recognize the toll that fear, anxiety, and PTSD can take on your life. If driving again makes your hands shake or if loud noises make you flinch, that’s not something to dismiss. It’s something to document and include in your claim.

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The Law Doesn’t Require Perfection

You don’t have to be blameless to pursue compensation. You can still recover damages even if you were partially at fault. The amount might be reduced based on your share of responsibility, but it’s not eliminated.

A car accident attorney will make sure the math works in your favor. They’ll fight back if the insurance company tries to overinflate your fault percentage just to reduce their payout. They’ll highlight the ways the other driver contributed to the collision. Maybe they were speeding. Maybe they didn’t use a turn signal. Maybe their vehicle wasn’t properly maintained. Every one of those factors can help rebalance the scale.

You don’t need to prove perfection. You need to prove someone else’s negligence directly caused what happened – and that your life has been seriously impacted as a result. That’s what a lawyer will focus on. Not the idealized version of events but the reality of what unfolded and what it has cost you.

Rewriting the Narrative With Evidence

Once an attorney takes your case, they’ll reframe the entire story. They’ll take what feels like a losing argument and reshape it into a compelling account of shared fault and overlooked details. That’s where evidence becomes your greatest ally.

Dashcam footage, medical records, police reports, crash reconstructions, cell phone usage logs, and eyewitness statements are examples of critical evidence. These are the building blocks your car accident lawyer will use to challenge assumptions and give the court or insurer a fuller picture.

They’ll also tap into experts – people who understand biomechanics, vehicle engineering, or traffic signal sequencing. These professionals can break down how the collision unfolded, often revealing that what seemed like clear fault was actually a complex chain of errors. That kind of insight can transform a case and open the door to meaningful compensation.

Fighting for a Fair Share – Not a Free Ride

Asserting your right to compensation doesn’t mean you’re looking for a shortcut. It means you’re asking for fairness. It’s about taking responsibility for your part while also holding someone else accountable for theirs. That’s not opportunism. That’s justice.

An attorney will approach your case with both realism and resolve. They won’t ignore the facts that go against you, but they’ll give equal attention to the facts that support you. That means calling out the distracted driver who was looking at their phone. It means raising questions about why a commercial driver was behind the wheel for 15 hours straight. It also means digging into vehicle maintenance logs, corporate safety policies, and any piece of evidence that tips the balance in your favor.

In a system that acknowledges comparative fault, a car accident lawyer won’t aim to rewrite history. They’ll aim to tell it fully and fairly. You're not asking for more than you deserve. You’re asking for the slice of justice that’s still yours, even if the pie isn’t perfectly divided.

Shared Fault Claims Are Often More Complex – But Not Unwinnable

When fault is shared, cases don’t follow a straight path. But that doesn’t make them dead ends. The nuance of shared fault often opens up legal angles that black-and-white cases never could. These are the cases that force a deeper dive into human behavior, company culture, road conditions, and decision-making under pressure. They require a car accident attorney who isn’t afraid to get into the weeds.

Yes, you can expect pushback. The insurance company will come armed with blame. They’ll say you were speeding, distracted, or in the wrong lane. But a lawyer will come prepared to challenge that narrative. Maybe your brake lights weren’t working perfectly, but maybe the other driver blew through a red light at 60 miles an hour. Context matters, and so does intent.

You’re Not Just Filing a Claim – You’re Protecting Your Future

Some people hesitate to file a claim when they know they weren’t perfect. But what matters is that you suffered an injury, and now you’re left to pick up the pieces.

A lawyer reviews documents beside a gavel and car model, symbolizing legal protection and future security.

Filing a claim isn’t about blame. It’s about building a path back to stability. A car accident attorney will see beyond the immediate chaos and look at what you need to get your life back. That includes not just the visible injuries but the hidden costs – the lost earnings, the sleepless nights, the spiraling debt, the chronic pain that doesn't show up in an X-ray.

Your recovery doesn’t belong on a spreadsheet. A lawyer will treat your case with the seriousness it deserves, not as a math problem, but as a human one. Because you’re not filing for the sake of principle – you’re filing because the impact didn’t end when the crash did.

Why Time Still Matters, Even in Complex Claims

Every day that passes, the evidence gets weaker. Surveillance footage is overwritten. Phone records vanish. Witnesses forget what they saw – or move across the country. When a qualified car accident attorney gets involved early, they can lock down the story before it shifts. They can interview witnesses while the memories are still fresh and pull records before they disappear into corporate archives.

You don’t need to know all the answers before talking to an attorney. That first conversation is just a way to get your footing and find out if you have options. To understand if you still have a shot at compensation, even with some fault on your side. The clock is ticking, but a lawyer can help you use every second wisely.

It’s Not About Being Perfect. It’s About Being Heard

There’s a myth that only flawless victims get justice. If you didn’t follow every rule to the letter, your claim isn’t valid. But that’s not how it works. The law recognizes that life is messy and that accidents are rarely black-and-white. You don’t need to be perfect. You just need to have been harmed by someone who was, in that moment, more careless than you.

A car accident lawyer will help you get past the guilt because guilt isn’t the same thing as liability. You might feel awful about missing a turn signal, but that doesn’t mean the driver who ran a stop sign should be off the hook. An attorney will help you tell your story in full, not just the part that makes you cringe, but the part that shows you tried to avoid the crash, that you were alert, and that you didn’t expect someone else to do something reckless.

You won’t be shamed for not being a perfect driver. You’ll be heard as a person who was doing the best they could in a situation that went sideways fast. That’s what representation is supposed to feel like.

Accountability Isn’t a One-Way Street

You may have already accepted partial responsibility. Maybe you’re worried that it makes you look like the villain. But liability doesn’t come in absolutes. Responsibility can – and often should – be shared.

A personal injury attorney will argue for balance. They’ll remind everyone involved that one person’s slip doesn’t justify another person’s crash. They’ll demand that both sides be held accountable – not just you because fairness should cut both ways.

Let a car accident attorney help you find that fairness by contacting them for a free consultation.

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Ashley Rae Rawlins Author Image

Ashley Rae Rawlins

Founder and CEO - Rawlins Law Accident & Injury Attorneys, APC

Personal Injury Attorney

Author's Bio

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Stacy Quichocho

"I truly can’t say thank you enough to Ashley and her team. This was unfortunately the 2nd time I had to reach out to Rawlins Law for their services after being rear ended again. Fortunately though, I knew exactly who to call as soon as it happened. I was confident in knowing that I would be provided the best fight and settlement with Car Crash Ash on my side! Ashely is a thorough and steadfast attorney. The team was great and Amy was communicative and professional in aiding us through the process. My family and I are so grateful for Rawlins Law! Thank you Ashley, Amy and team for fighting for us so resolutely! We will recommend it to you time and time again!"

Becky Rivera

"After being involved in my first accident, I had no idea what to do or who to call. Thankfully a friend of mine recommended Car Crash Ash & they helped me out tremendously. I absolutely appreciate Belen for all she has done and kept in contact with me during the entire process. Thank you! I will recommend this place to everyone."

Mike Kelley

"I wish I could give this review 10 stars! In August of 2022 I got rear ended on the freeway. My car was totaled and I ended up in the ER with severe neck pain. A friend recommended I call the Rawlins Law Firm. He raved about the service and said I would be in good hands. HE WAS RIGHT! Ashley and the team were kind, sympathetic, got me the right medical treatment and communicated with me every step of the way. But, make no mistake here. Ashley is a bit down and never let go of the tenacious bulldog when it comes to dealing with insurance companies. She has a very intimate knowledge of how insurance companies work and she doesn't take no for an answer. After all was said and done she got all the medical bills paid and got me a very large lump sum settlement. If you're ready for this, take my word for it. Car crash Ash is the real deal!"


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