The principle of comparative negligence establishes whether you qualify for compensation when you are partially responsible for your accident. Partially responsible plaintiffs may still receive compensation in most states; however, they will receive less than they would have had they not been negligent. Certain states will deny compensation to parties found partly responsible.
According to a recent Gallup poll, 61% of Americans say health care is their top concern. People are afraid of the cost of medical treatment and the lack of access to medical services. In the case of a traffic or slip-and-fall accident, the cost becomes particularly frightening.
Nobody wants to pay for their injuries caused by someone else. But what if you were partially responsible for it? This is when fault laws come into play.
What Does Comparative Negligence Mean?
Comparative negligence is a doctrine applied when multiple people are at fault in an accident. It is of two kinds, namely pure and modified comparative negligence.
Pure comparative negligence allows you to obtain damages despite being 99 percent at fault because it reduces your compensation by your percentage of fault.
Modified comparative negligence, on the other hand, has the condition that your liability cannot be above a certain percentage, typically 50 percent or 51 percent.
Is Contributory Negligence Practiced Now?
Currently, most states apply comparative fault. Only a few of them stick to contributory negligence, which is a much harsher doctrine than comparative fault.
Contributory negligence bars recovery of any damages if you are even 1 percent at fault. Currently, only a handful of states recognize contributory negligence, including Alabama, Maryland, North Carolina, and Virginia.
How Comparative Negligence Affects Compensation
Most collisions and injuries result from mutual fault. For example, you may be speeding a bit while the other driver runs through the traffic light. The laws allow you to make a personal injury claim, but how you calculate compensation changes.
Where Comparative Negligence Bars or Limits Recovery
Certain state laws have a rigid threshold. If you fall into that category, no recovery will be made. It happens even if the other party is largely to blame.
Here are four laws that show the limits:
- A 50% bar state does not allow any recovery where your fault is 50% or more
- A 51% bar state does not allow any recovery where your fault is 51% or more
- A pure comparative state allows you to claim even if you are largely responsible
- Washington State follows pure comparative negligence, so there is recovery despite high fault
This issue is important for American motorists because collisions result from multiple factors.
How Courts Assign Each Side Responsibility for the Accident
Anyone seeking compensation after a crash builds a stronger claim with early evidence, since fault percentages hinge on the record. Courts will analyze various evidence, including police reports, photographs, and traffic camera recordings. There might be witnesses who will explain what happened, and there might be experts who analyze traces on the road or damage to your car.
Your phone records can prove that you were texting, and your medical history can prove that your injury is related to the accident and not an old one.
The Differences in Comparative Negligence Rules
The law in the state where the accident occurred determines whether you will be compensated and for how much. It makes a difference whether you travel between states and whether the accident occurs in California or Washington. In any case, you must be aware of whose rules apply (California traffic laws or Washington laws)
Key Differences of State Comparative Negligence Laws
Two states will not be exactly similar. The fine print may affect how your lawsuit will be considered. The following are some key differences in the law:
- The percentage for recovery of damages is either 50% or 51%
- Some states determine liability in personal injury cases differently from in property damage cases
- The statute of limitations is not the same in all states
- The instructions given to the jury on how to allocate liability percentages may also affect the final settlement amount
In Seattle, many claims are made under Washington state's pure comparative negligence law. This allows you to make a claim even if you are 60% at fault or have shared fault. In other states, such a percentage would mean you get nothing.
Frequently Asked Questions
Could Your Seat Belt Usage Influence Your Fault Percentage?
Yes. In some states, failing to wear a seat belt is also considered part of your fault. The court will rule that your injuries would have been less if you had worn it.
Is Comparative Fault Applicable in a Slip and Fall Accident in a Store?
Yes. It does not only apply to vehicle accidents. When you look at your mobile while slipping on a wet surface in a store, the store may also claim that you bear a percentage of the fault.
How Does Fault Apportionment Work When You Have Three Cars Involved in the Crash?
Each driver is assigned a percentage. It could be something like Driver 1 has 60%, Driver 2 has 30%, and Driver 3 has 10%.
Can Your Insurance Premiums Increase if You Are Partially Responsible for an Accident?
Yes. Most companies increase your insurance premium if you are partially responsible. The extent of the increase usually is based on your percentage of fault.
Can You Give a Child a Percentage of Fault in a Case?
Occasionally. Children are held to a lower standard than adults when judged in court. An infant generally cannot be held liable for fault.
What Happens if You Were Working When the Accident Occurred?
In that case, employment law can also come into play. You can file a workers' compensation claim and sue the other party simultaneously.
Seek Assistance With Comparative Negligence While You Still Can
Comparative negligence will determine whether or not you'll receive payment and how much you will receive. If you are partly at fault, your compensation may be reduced or denied altogether. Learn about your state laws, gather evidence, and don't wait until it is too late to act.
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