In Rhode Island, you do not lose your eligibility for compensation even if you are partly at fault for the accident. Rhode Island follows what is called the “pure comparative fault rule.” This means that you may be able to recover compensation from another driver or other negligent party, so long as their negligence contributed to the accident – even if you were also negligent. However, the amount of compensation you receive will be reduced by your percentage of fault.
For example, assume you are found to be 25 percent responsible for the crash, and the other driver was 75 percent at fault. If you suffered $10,000 in damages, your award would be reduced by 25 percent, or $2,500, meaning you could recover $7,500 in this example.
It is important to discuss your case with an experienced Rhode Island personal injury attorney at Marasco & Nesselbush, LLP, even if you think you may be partly to blame for the crash. All of the facts related to the cause of a crash are usually not apparent in the immediate chaos that follows. A full investigation may show that you were not actually to blame. Even if you had some degree of responsibility for the accident, you may still be entitled to recover compensation from the other at-fault parties.