Comparative negligence is a legal principle used in car accident claims to determine the degree of fault and allocate compensation among the parties involved. Under comparative negligence, the damages awarded to an injured party are reduced based on their percentage of fault in the accident. There are two main types of comparative negligence: pure comparative negligence and modified comparative negligence.

  1. Pure Comparative Negligence: In states that follow pure comparative negligence, an injured party can recover damages even if they are found to be mostly at fault for the accident. The damages awarded are reduced by their percentage of fault. For example, if a court determines that you were 70% at fault and the total damages are $100,000, you would be entitled to receive $30,000 (100,000 – (70% x 100,000)).
  2. Modified Comparative Negligence: Many states have adopted modified comparative negligence, which further divides into two subtypes: a. Modified Comparative Negligence with a 50% Bar: Under this rule, an injured party can recover damages as long as their percentage of fault is less than or equal to 50%. If the injured party is found to be 51% or more at fault, they are barred from recovering any damages. For example, if the injured party is determined to be 40% at fault, their damages would be reduced by 40%. b. Modified Comparative Negligence with a 51% Bar: Similar to the previous rule, an injured party can recover damages if their percentage of fault is less than or equal to 51%. However, if the injured party is found to be 51% or more at fault, they cannot recover any damages.

It’s important to note that the specific rules of comparative negligence vary by jurisdiction. Some states follow one approach exclusively, while others have adopted different variations. Additionally, the way comparative negligence is applied can affect both the amount of compensation an injured party can receive and their ability to recover damages if they are partially at fault.

When dealing with comparative negligence in a car accident claim, it’s crucial to gather evidence, including police reports, witness statements, photographs, and any other relevant documentation, to establish the degree of fault for all parties involved. Consulting with a car accident lawyer who is knowledgeable about the laws in your jurisdiction can help you understand how comparative negligence may impact your case and guide you through the legal process.