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Car accidents involving two or more parties can be complicated, especially when it comes to determining who’s at fault. Comparative negligence is a legal concept that helps determine how much each party is responsible for an accident. Depending on the circumstances surrounding the incident, both parties may be eligible to pursue financial compensation based on their fault percentage. In this article, we will explain what comparative negligence is, how it works, and why it matters if you’re involved in a car accident. 
What is Comparative Negligence, and Why Is It Important?
Comparative negligence is a legal concept or system that is often used to allocate fault among parties involved in a motor vehicle accident. The concept recognizes that sometimes, more than one person can be at fault for a traffic collision. Hence, rather than one driver being totally financially liable for the incident, each party will be assigned a degree of fault. The comparative negligence system is important because it affects how much compensation you might get (or have to pay) after an accident.
Types of Comparative Negligence Systems
Furthermore, there are two main types of comparative negligence:
Pure Comparative Negligence
In this system, each party will be allowed to recover damages even if they are up to 99% liable for the car crash. However, your financial compensation will be reduced by your fault percentage. For instance, if you’re 80% at fault, you can still recover 20% of the damages.
Modified Comparative Negligence
This system has a threshold, usually 50% or 51%. If your fault exceeds this threshold, you cannot recover any damages. However, if your fault is below the threshold – less than 50% (or 51%) at fault – your compensation will be reduced by your degree of fault.
How Comparative Negligence Works in Car Accident Claims
In a car accident claim, comparative negligence determines how much each party is liable for the auto collision. Insurance providers and courts use this system to decide how much financial compensation each party should receive (or pay) based on their level of fault. For instance, if the court awards a total damage of $50,000 against the at-fault driver but determines that the plaintiff was 30% at fault, the plaintiff can still recover $35,000 (70% of $50,000).
Determining Fault Percentages in Car Accidents
Several factors are often considered when determining fault percentages in car accidents. These include:
- Traffic laws and who violated them
- Police reports
- Witness statements and testimonies
- Photos or videos of the accident scene
- Damage to the vehicles
- Road and weather conditions
- Each driver’s actions before the crash
- Whether anyone was driving distracted or under the influence
How Comparative Negligence Affects Car Accident Claims and Financial Compensation
Furthermore, comparative negligence directly impacts how much money you can get from an auto accident claim. If a party is found to be partially at fault, their compensation is reduced by their percentage of fault. For example, if the total damages are $20,000 and you’re found to be 20% at fault:
- In a pure comparative negligence system, you will receive $16,000 (80% of $20,000).
- In a modified comparative negligence system with a 50% rule, you will also receive $16,000.
- However, if you were 51% at fault or more in a modified comparative negligence system, you would be totally barred from seeking damages.
Examples of Comparative Negligence in Car Accident Scenarios
Here are some car accident scenarios where comparative fault may come into play:
Rear-End Collision while Texting: Car A rear-ends Car B. Normally, Car A would be fully at fault. But if Car B was texting and stopped suddenly, they might be found 20% at fault, while Car A is 80% at fault. The driver of Car B can recover 80% of their damages.
Failure to Yield: Driver A fails to yield at an intersection and hits Driver B. But Driver B was speeding. Driver A might be found 70% at fault, and Driver B 30% at fault. Driver B can recover 70% of the damages suffered.
Parking Lot Accident: Two cars back into each other in a parking lot. Each driver might be found 50% at fault for not checking carefully enough. Hence, they can recover 50% of their damages.
Comparative Negligence vs. Contributory Negligence
However, comparative negligence is quite different from contributory negligence. In contributory negligence states (such as Maryland, Alabama, Virginia, and North Carolina), even if you’re 1% at fault for the car accident, you will be barred completely from receiving any compensation. This is a much stricter system than comparative negligence.
Tips for Protecting Your Claim (or Defending Yourself) in a Comparative Negligence Case
If you were involved in a car accident where both parties share a degree of fault, here are some insightful tips to protect your claims:
Gather Evidence: Collect as much evidence as possible from the accident scene, including photos, videos, and eyewitness testimonies. Also, call the police to file a report.
Don’t Admit Fault: Never admit fault or say you are sorry. Most importantly, you should be careful of what you say at the accident scene and to insurance companies.
Seek Prompt Medical Attention: Even if you feel fine or only suffered minor injuries, you should still get immediate medical help.
Document Everything: Keep detailed records of medical treatments, vehicle repairs, and any communications related to the accident.
Remain Calm and Honest: Don’t exaggerate or lie about what happened. Being truthful and composed can have a positive impact on your case.
Hire a Skilled Lawyer: Hire an experienced lawyer to help file your claims, navigate the legal process, and negotiate with insurance companies.
Conclusion
Understanding comparative negligence is essential for anyone involved in a car accident claim. By knowing how it works, how fault is determined, and how it affects compensation, you can better protect your rights and navigate the legal process with confidence. Remember, each case is unique. Therefore, if you’re in an accident, it’s often advisable to talk to a lawyer who knows your state’s specific laws. Your attorney can help you navigate the legal procedures and help achieve a favorable outcome. Also, you can apply for a lawsuit loan while your car accident is ongoing.
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If you were hurt in a negligent car accident and are going through financial hardship, applying for our affordable lawsuit funding may be right for you. Get in touch with us at High Rise Financial today for a no-obligation consultation. Our dedicated team can determine your eligibility and guide you through the application process.