Call Us Now For a Free Consultation! (401) 208-2922
Call Us Now For a Free Consultation!

Blog

What if I Was Partially at Fault?

Posted by Anthony N. Minutelli, Esq. | Mar 25, 2021 | 0 Comments

ree

In personal injury cases, especially car accident cases, it is not always easy to know who was at fault for the accident. In fact, it is not uncommon for both parties to share some degree of fault.

In the United States, there are three types of comparative fault systems used in the legal system:

  1. Pure Contributory Negligence: Under this system, a party cannot recover damages for injuries if that party shares any fault no matter the degree. Even if the party is 1% at fault, he or she cannot recover for injuries.

  2. Modified Comparative Fault: Under this system, a party cannot recover damages for injuries if the party is more than 51% at fault. In other words, the highest degree of fault the party seeking damages can be deemed to hold is 51%.

  3. Pure Comparative Fault: Under this system, both parties can claim damages regardless of their degree of fault. However, the amount of recovery will be reduced by the respective parties' degree of fault.

Each state adopts one of these three comparative fault systems. Rhode Island is one of the 13 states that utilizes the Pure Comparative Fault system. This means, if you are injured by the fault of someone else, you can recover damages from that party even if you were partially at fault too. For example, if you were 60% at fault for your injury, you can still recover 40% of damages from the other party (or parties) at fault for your injuries.

About the Author

Anthony N. Minutelli, Esq.
Anthony N. Minutelli, Esq.

Born in Rhode Island, Mr. Minutelli graduated with the highest academic honors from Rhode Island College where he received a Bachelors degree in business management. He received his law degree from Roger Williams University School of Law and interned for the United States Attorney's Office while ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Our firm offers free consultations, and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Office Location

Minutelli Law Firm
615 Jefferson Blvd, Building B, Suite 208
Warwick, RI 02886

P: (401) 208-2922
F: (401) 223-4431
Email: [email protected]

Menu