Comparative negligence is a legal principle that determines how much compensation an injured party can recover if they are partially at fault for the accident. Unlike the all-or-nothing approach of contributory negligence, comparative negligence allows for partial recovery based on the degree of responsibility.
What Is Comparative Negligence?
Comparative negligence reduces the amount of damages an injured person can receive based on their share of fault. If you are found partially responsible for the accident that caused your injuries, your compensation is adjusted accordingly.
For example, if your total damages amount to $100,000 and you are found to be 25% at fault, you would receive $75,000 instead of the full amount.
Types of Comparative Negligence
There are two primary systems used across the United States:
Pure Comparative Negligence
Under this system, you can recover damages no matter how much you were at fault, even if you were 99% responsible. Your compensation is simply reduced by your percentage of fault.
Example:
If you suffered $50,000 in damages and were 80% at fault, you would still receive $10,000.
Modified Comparative Negligence
This more common system allows recovery only if your share of fault is less than a certain threshold, usually 50% or 51%, depending on the state.
Example:
If your damages are $60,000 and you are found 51% at fault in a 50% threshold state, you receive nothing. But if you were only 40% at fault, you would receive $36,000.
How Is Fault Determined?
Fault is typically assigned based on:
- Police reports
- Witness testimony
- Traffic camera or dashcam footage
- Vehicle damage and accident reconstruction
- Medical records and expert analysis
Each party’s actions are evaluated to assign percentages. Insurance companies often attempt to assign more fault to the injured party to reduce their payout, which is why working with a qualified car accident attorney is crucial.
Real-World Example of Comparative Negligence
Suppose you are rear-ended at a stoplight, but one of your brake lights wasn’t working. The other driver was clearly distracted, but the lack of a functioning brake light may assign you partial blame.
If you are found 20% responsible and your damages total $25,000, you would be eligible to receive $20,000 under comparative negligence.
Why Insurance Companies Use Comparative Fault
Insurance companies often invoke comparative negligence to reduce or deny claims. They may:
- Argue your actions contributed to the accident
- Exaggerate your role in the incident
- Use vague statements against you during recorded interviews
This is why it’s important to avoid admitting fault, even partially, at the scene of the accident or when speaking to an adjuster. Let the evidence determine liability.
How a Lawyer Helps Protect Your Share
A car accident attorney will:
- Gather evidence to reduce your percentage of fault
- Challenge inaccurate or unfair determinations
- Hire experts to reconstruct the accident
- Negotiate with insurers on your behalf
Even a small shift in fault percentage can significantly impact your compensation. Legal representation ensures you don’t carry more blame than the facts support.
For more legal information and strategies, visit Avian Law Group’s legal resources, which offer detailed breakdowns of fault laws, timelines, and case outcomes.
Frequently Asked Questions
Can more than two people share fault?
Yes. In accidents involving multiple parties, such as chain-reaction crashes, each person may be assigned a percentage of responsibility. The total must always equal 100%.
What if both drivers are equally at fault?
In pure comparative negligence states, each party would receive 50% of their total damages. In modified states with a 50% rule, neither party would recover compensation.
Is comparative negligence used in all personal injury cases?
It is most commonly applied in auto accidents but can also be used in slip-and-fall cases, product liability, and other injury claims where fault is shared.
Final Thought
Comparative negligence can dramatically affect the outcome of your case. Understanding how fault is assigned, and ensuring your percentage is fair, is essential to recovering the compensation you deserve. Before speaking to an insurance adjuster, protect your rights by consulting a car accident attorney who can evaluate your case and fight for your rightful share.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
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