Accidents happen, and sometimes they’re not entirely one-sided. Things can get complicated if you’re injured because of someone else’s negligence, but you also played a role. That’s where comparative negligence comes in.
It’s a legal concept that helps courts determine how much compensation you’re entitled to in a personal injury case, even if you share some blame.
Navigating the legal system after an injury can be stressful. Local personal injury attorneys can help protect your rights and get you the compensation you deserve.
Contributory Negligence vs. Comparative Negligence
Previously, a different system called contributory negligence ruled personal injury cases. Under this stricter system, if you were even slightly at fault for your accident, you couldn’t recover any damages.
Imagine spilling coffee on yourself because someone bumped into you—even if they were mostly to blame, contributory negligence would mean you wouldn’t be compensated for your ruined clothes. Thankfully, most states have moved on to a fairer system called comparative negligence.
This allows you to recover damages even if you share some of the blame, with the amount you receive adjusted based on your percentage of fault.
How Comparative Negligence Works
Determining Fault Percentages
Imagine a judge or jury, like a giant scale, weighing the actions of everyone involved in the accident. They consider various factors, like each person’s specific actions and how serious their mistakes were.
For instance, if a driver runs a red light and hits a cyclist who wasn’t wearing a reflective vest, the driver would likely be found more at fault. This careful analysis helps determine the percentage of fault each party bears.
Impact of Fault Percentages on Damages
Here’s where things get real. Let’s say you win your personal injury case and are awarded $10,000 in damages. But the judge decided you were 20% at fault for the accident. This means your compensation gets reduced by 20%, leaving you with $8,000.
It’s important to note that some states have thresholds. This means if you’re found to be more than a certain percentage at fault (often 50%), you might be barred from recovering any damages at all. That’s why understanding your state’s specific comparative negligence laws is crucial.
Examples of Comparative Negligence
Scenario 1: Car Accident
A driver texts while driving and rear-ends another car at a stoplight. However, the driver of the car that was hit was also busy on a call. The judge might find the texting driver 70% at fault and the driver who was on a call 30% at fault.
Scenario 2: Slip and Fall
A grocery store shopper trips on a spilled mop that an employee left on the floor. However, the shopper was also looking at their phone and not paying attention to where they were walking. The judge could determine that the store is 80% liable for not properly cleaning the spill, and the shopper is 20% at fault for not being aware of their surroundings.
Benefits and Considerations of Comparative Negligence
Benefits
Comparative negligence isn’t just about assigning blame; it also encourages responsible behavior. Knowing they could still be held accountable, even partially, might make people think twice before acting carelessly.
This system also discourages frivolous lawsuits. If a plaintiff knows their actions contributed to their injury, they’re less likely to file a claim with little chance of success.
Considerations
As fair as comparative negligence seems, assigning fault percentages can get complicated. Determining how much each person is to blame can involve witness testimony, accident reconstruction, and medical records.
This complexity can sometimes lead to lengthy legal battles, especially if the parties disagree with the assigned percentages.
Key Takeaways on Comparative Negligence
Comparative negligence allows you to recover damages even if you share some fault. The judge or jury determines each party’s percentage of fault, and your compensation is adjusted accordingly. While this system promotes fairness, assigning fault percentages can be complex and lead to extended legal battles.
