Determining fault is an important part of a car accident claims process. Under the comparative negligence system, you may be assigned a percentage of fault depending on how much your actions contributed to the accident.
That means you may still recover damages though you were largely responsible for the accident. Understanding how this rule works can help you fight for your rights and ensure you receive the compensation you deserve.
What’s Comparative Negligence?
Comparative negligence is a rule that assigns fault to accident victims based on their role in causing the accident. That means you can still seek compensation even if you were partially responsible for the accident. Comparative negligence is much more flexible than the contributory negligence system, which bars plaintiffs from recovering damages even if they are partially at fault. It falls into two categories:
- Pure comparative negligence
- Modified comparative negligence
Pure Comparative Negligence
The pure comparative negligence rule means that the plaintiff can seek damages even if their fault percentage is at 99%. In other words, the amount of damages the plaintiff can collect is reduced based on the fault percentage. Examples of states that follow this rule include California, Florida, and New York.
Modified Comparative Negligence
This rule allows you to recover damages only if your percentage of fault is below a certain threshold. There are two variations of modified comparative negligence: the 50 percent bar rule and the 51 percent bar rule.
- Under the 50 percent bar rule, you can’t recover damages if you were found to be 50% or more at fault.
- Under the 51 percent bar rule, you can’t recover damages if you were 51% or more at fault.
It’s worth noting that most states follow the modified comparative negligence rule.
Common Scenarios Showing Comparative Negligence in Car Accident Claims
Here are some typical comparative negligence examples:
Rear-End Collisions With Multiple Factors
Most rear-end collisions are caused
In this case, both parties are at fault. The reversing driver might be assigned a fault percentage of 80%, while the rear driver receives a 20% fault for following too closely.
Intersection Accidents
Most intersection accidents involve shared responsibility. A good example is when one driver runs the red light and gets hit by another driver who was using their phone behind the wheel. In this scenario, the driver who ran the red light may be assigned a 60% fault, while the distracted driver is given a 40% fault.
Lane Change Collisions
Consider a scenario where one driver changes lanes without signaling and is hit by another driver who is overspeeding. In this case, both drivers are to blame for the accident and, therefore, share fault.
Weather-Related Incidents
Poor weather conditions make it challenging to determine fault. Consider a scenario where two drivers collide during a foggy day. One driver was overspeeding, while the other had worn-out tires. In this case, comparative negligence might assign more fault to the driver who failed to stick to the required speed limit.
How Comparative Negligence Can Affect Compensation for Personal Injury Claims
Under the comparative negligence system, the amount you receive is affected by your level of negligence. The higher your percentage of fault, the less compensation you receive, and vice versa.
If your state follows the pure comparative negligence rule, then you can recover damages even if you were mainly responsible for the accident. On the other hand, modified comparative states allow you to recover damages only if your percentage of fault is below a given threshold.
How Can an Attorney Help in Comparative Negligence Cases?
If you’re involved in a car accident where fault is shared, you can consult an experienced attorney to help protect your rights and maximize your compensation. Here’s how a lawyer can help:
- They will evaluate the strength of your case.
- They can negotiate with insurance companies.
- They ensure that comparative negligence laws are applied fairly.
- They will represent you in court if necessary.
Protecting Your Rights After an Accident
Don’t assume you cannot recover damages just because you caused an accident. The comparative negligence system allows you to seek compensation even if you were partially responsible for the accident.
Understanding how fault is assigned and knowing your legal options can help you get a fair settlement. If you believe your percentage of fault is unfairly high, seeking legal advice can make a big difference in your case.
