What If I Was Partially at Fault for the Accident?
Accidents are messy. Often one person is not entirely to blame. Maybe you were texting briefly at a stoplight, but the other driver ran a red light. Or maybe you slipped on a wet floor in a store, but there was a small warning sign you didn’t notice. In situations like these, many people assume they can’t pursue a claim—but that’s not always true.
New Hampshire follows a legal concept called modified comparative negligence. This means that if the jury concludes you had some fault, but are 50% or less at fault, you can still recover damages. However, the amount you receive will be reduced based on your share of fault. On the other hand, if you are greater than 50% at fault you can’t recover at all.
Let’s break that down with an example. Suppose you’re in a car accident and it’s determined that you were 30% responsible, while the other driver was 70% responsible. If your total damages come to $50,000, you would still be eligible to recover $35,000—because your award is reduced by your 30% share of the blame.
Now, if you’re found to be greater than 50% responsible, you’re not eligible to recover anything under this rule. That’s why having a good legal team matters. Establishing fault is not always clear-cut. Insurance companies may try to exaggerate your role in the accident to reduce or deny your claim.
At Cohen and Winters, we understand how insurance companies operate. We dig into the details of every case to make sure the facts come through. We work with accident reconstruction experts, review police reports, and interview witnesses to help support your side.
It’s also important to understand that fault is often negotiated. It’s not just a number that appears out of nowhere. Your legal team can advocate for a fairer assessment. That’s one of the many reasons why trying to handle these claims on your own can backfire.
Even if you feel unsure about your responsibility, don’t let that stop you from reaching out. People often blame themselves unnecessarily. Let a professional help determine what really happened.
It’s also worth noting that in many personal injury cases—like slips and falls or product liability—fault can be a complex legal question. You may think you were at fault when, legally speaking, you were not.
Don’t guess your way through this. Talk to someone who can give you clear, honest advice. At Cohen and Winters, our consultations are always free, and we’ll never pressure you. We’re here to help you understand your options and fight for what you deserve.
What If I Was Partially at Fault for the Accident?