TL;DR
- When the at-fault party claims you share blame, they are using comparative negligence to reduce what they owe — this is a common defense tactic.
- Most states allow you to recover compensation even if you were partially at fault, though your award is reduced by your percentage of fault.
- Insurance companies use social media posts, recorded statements, and surveillance to build shared liability arguments.
- Strong evidence, legal representation, and avoiding early settlements are the best defenses against shared liability claims.
After an accident, the path to recovery often involves more than just medical care—it includes navigating complex legal conversations about who was at fault. And in many personal injury cases, the person or party you believe caused your injuries may turn around and say you were partially responsible.
This is known as shared liability or comparative negligence, and it’s a common strategy used by insurance companies and defense lawyers to reduce what they have to pay. If this happens to you, it’s important to understand what it means, how it affects your case, and what steps you can take to protect your rights.
What Is Shared Liability?
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For example, if you’re found 20% at fault and your total damages are $100,000, your compensation may be reduced to $80,000.
Why the At-Fault Party Might Claim You Share Blame
In almost any injury case—whether it’s a car crash, slip and fall, or product defect—the at-fault party has an incentive to shift part of the blame onto you. This tactic is used to:
- Reduce or eliminate their financial liability
- Create doubt around your version of events
- Pressure you into accepting a lower settlement
Insurance companies may comb through your statements, your medical records, and even your social media posts to look for anything they can use to argue that you contributed to the accident.
Common Examples of Shared Liability Claims
- In a car accident, the other driver may argue that you were speeding or not wearing a seatbelt
- In a slip and fall, the property owner may say you weren’t paying attention or ignored warning signs
- In a workplace injury, an employer might claim you failed to follow safety procedures
- In a dog bite case, the owner may argue that you provoked the animal or entered the property without permission
How Shared Liability Affects Your Case
The impact of shared liability depends on the laws in your state. Most states follow one of these systems:
Pure Comparative Negligence
You can recover compensation even if you’re mostly at fault (up to 99%), but your award is reduced by your percentage of fault.
Modified Comparative Negligence (50% or 51% Rule)
You can recover damages only if you are less than 50% or 51% at fault. If you’re found equally or more responsible, you may receive nothing.
Contributory Negligence (Minority of States)
If you’re even 1% at fault, you may be barred from recovering any compensation at all.
That’s why it’s critical to challenge unfair claims of shared liability—even small percentages of fault can significantly reduce your payout.
What to Do If You’re Accused of Shared Liability
1. Don’t Admit Fault
Even casual comments like “I should’ve been more careful” can be used against you. Stick to the facts, and avoid speculation about what caused the incident.
2. Gather Evidence
Photos, surveillance footage, witness statements, and expert opinions can help prove that the other party bears most (or all) of the blame.
3. Avoid Recorded Statements Without Legal Advice
Insurance adjusters may ask for a recorded statement soon after the accident. Politely decline until you’ve spoken with a lawyer.
4. Work With an Experienced Personal Injury Attorney
A good attorney will anticipate shared liability defenses and build a case that clearly shows how and why the other party is primarily at fault.
Why Legal Representation Makes the Difference
Comparative negligence cases require a careful strategy. You’re not just proving that the other party did something wrong—you’re also fighting back against arguments that you did too.
At Dermer Law, we:
- Investigate your case thoroughly to uncover the full picture
- Collect and preserve evidence that strengthens your side
- Work with accident reconstruction and medical experts
- Push back when the defense tries to assign unfair blame
- Negotiate for maximum compensation based on the facts
You don’t have to accept partial fault just because someone says you share the blame.
Frequently Asked Questions
What is comparative negligence and how does it affect my injury claim?
Comparative negligence allows fault to be divided between multiple parties in an accident. If you are found partially responsible, your compensation is reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $100,000, you would receive $80,000. Some states bar recovery entirely if you are 51% or more at fault, while others allow partial recovery regardless of fault percentage.
Can I still recover if the at-fault party claims I share the blame?
In most cases, yes. The claim of shared liability does not automatically bar your recovery — it reduces it. The key is proving that the other party’s negligence was the primary cause of your injuries. An attorney can help you counter shared liability arguments with evidence including witness statements, accident reconstruction, medical records, and documentation of the at-fault party’s conduct.
How do insurance companies investigate shared liability claims?
Insurers look for any evidence that you contributed to the accident or your injuries. They review recorded statements, police reports, medical records, social media posts, and may conduct surveillance. Anything you post publicly or say in a recorded conversation can be used against you. This is why consulting an attorney before giving any statements to the opposing insurer is strongly recommended.
What should I do if the at-fault driver or their insurance company claims I was partially responsible?
Do not agree with the assessment or make statements that could be interpreted as admissions of fault. Gather all available evidence supporting your version of events. Avoid posting on social media about the accident. Consult a personal injury attorney who can evaluate the merits of the shared liability claim and represent your interests in negotiations or litigation.
Contact Dermer Law for a Free Consultation
If you’re being accused of shared liability after an accident, don’t face it alone. Contact Dermer Law today for a free, confidential consultation. We’ll review your case, explain how fault laws may apply, and fight to protect your rights every step of the way.
