Some accidents happen in an instant, making it difficult to figure out who was at fault. In most cases, more than two people are responsible for the accident. California follows comparative fault laws, meaning you can still receive compensation even if you were partly responsible for the accident. However, the amount you receive will be determined based on your level of fault.
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What Is Comparative Negligence?
Comparative negligence is a principle used in court to determine the amount a plaintiff can recover in a case where they were partially at fault. This principle is based on the degree of fault that each party contributed to the accident. If the injured victim’s own negligence contributed to the accident, the court may assign a percentage of fault to both the victim and the defendant.
For example, if the court finds the defendant 70% at fault and the plaintiff 30% at fault, the plaintiff can only recover 70% of the total damages instead of the full amount. This system is far more effective than the traditional contributory negligence laws that would bar the plaintiff from recovering damages, even if they were slightly at fault.
What Are the Different Types of Comparative Negligence?
There are three main types of comparative negligence rules followed in different states in the U.S.: pure comparative, contributory, and modified comparative negligence. The main difference between these rules is the percentage of fault assigned to each party involved in an accident.
What Is Pure Comparative Negligence?
Under pure comparative negligence law, you can get compensated even if you are mostly responsible for the accident. For instance, if you were found to be 99% responsible for the accident, then you would still recover 1% of the damages from the defendant.
Some of the states that follow pure comparative negligence include:
- California
- New York
- Florida
- Washington
- Oregon
- Missouri
- Louisiana
- Michigan
- Alaska
- Nevada
What Is Contributory Negligence?
Unlike pure comparative negligence, contributory negligence doesn’t allow you to collect damages, even if you were partially responsible for the accident. This means that if you contributed in any way to the accident, then you won’t receive any compensation for the damages you incurred. Even if the other party was largely responsible for the accident, the fact that you had a small share of responsibility prevents you from recovering any damages.
This rule is used in the states of Alabama, the District of Columbia, Maryland, North Carolina, and Virginia.
What Is Modified Comparative Negligence?
Modified comparative negligence reduces the amount you can recover by the percentage of your fault. This means that if you’re found to be partially responsible for an accident, then your damages will be reduced by the percentage of your fault.
For instance, if you were found to be 20% at fault, and the total damages amounted to $50,000, then your recovery will be reduced by 20%, which is 20,000. This means that you’ll only recover $30,000.
However, under modified comparative negligence, there is a threshold limit that varies by state. In some states, if the plaintiff’s fault surpasses a certain percentage, typically 50%, they are prohibited from recovering any damages.
Some of the states that use modified comparative negligence rule include the following:
- Texas
- Illinois
- Colorado
- Indiana
- Georgia
- Missouri
- Michigan
- Kentucky
- Ohio
- North Dakota
Examples of Comparative Negligence
Let’s say Luke ran a stop sign and got struck by Mary, who was driving on the wrong side of the road. Mary sustained injuries worth $20,000, and Luke also sustained injuries worth $20,000. After examining the evidence, it was found out that Luke was 49% responsible for the accident, while Mary was 51% responsible for the accident. How would the three types of comparative negligence apply in this case?
Pure Comparative Negligence
Both Luke and Mary would get compensated according to the percentage of the blame assigned to them. This means that Luke would collect $10,200, which is 51% of his total damages, while Mary would collect $9,800, which is 49% of her total damages.
Contributory Negligence
Since both Luke and Mary contributed to the accident, both parties cannot recover any damages from each other.
Modified Comparative Negligence
If they live in a state following the 50 or 51 percent rule, then Mary would not receive any compensation because she was largely responsible for the accident. On the other hand, Luke would collect a compensation of $10,200.
How to Defend Yourself Against Claims of Comparative Negligence
If you’re involved in a personal injury case in California, then it’s almost certain that you’ll have to deal with the concept of comparative negligence. While it can work out in your favor, sometimes, the other party can attempt to put some blame on you to try and reduce their financial liability. That’s why you should know how to defend yourself against these claims.
Here are some strategies you can consider:
- Collect Comprehensive Evidence: The more evidence you have against the other party, the stronger your case will be. Therefore, you should collect as much evidence as you can. This includes eyewitness accounts, expert testimony, and photos of the accident scene.
- Consult an experienced attorney: You should consult an attorney as soon as possible. An experienced attorney will guide you through the legal process and give you advice on how you can defend yourself against comparative negligence claims.
- Question Credibility: Sometimes, the other party might present fabricated evidence in an attempt to put the blame on you. Therefore, you should always scrutinize and question the credibility of the evidence. This can include pointing out inconsistencies in their story or closely examining witness testimonies.
- Establish Clear Causation: You should demonstrate how the other party’s negligence was the main cause of the accident. You’re less likely to be found partially at fault if your arguments are valid.
- Be Prepared for Trial: You should be prepared for trial just in case negotiations fail. Being prepared simply involves having strong evidence and expert testimonies.
Understand Your Rights
If you are involved in an accident and think you might be partly responsible, then you should understand comparative negligence laws to know how much you may be able to receive. You should also consult an attorney to help you navigate the complex details of shared responsibility.
