Understanding Comparative (Fault) Negligence Liability

When you are involved in an accident, whether it be a car accident, boating accident, motorcycle accident or personal injury accident (to name a few), there is not always a clear party who is solely responsible for causing the accident. While one person may have been the primary contributor to the cause of an accident, the accident may have been prevented if the other person had not been otherwise distracted or negligent as well.

When both parties share responsibility for an accident, an accident lawyer may be able to use comparative negligence liability to reduce the amount of money a defendant is responsible for. Comparative negligence reduces the amount of damages a plaintiff can recover due to their own negligence in contributing to the accident that caused their damages.

For example, if a person runs a red light, hits your car while you are driving through the intersection with the right of way, and you receive extensive injuries due to not wearing your seatbelt, you are partially at fault for your injuries since you were not wearing a safety restraint. In this instance, if your case went to court, a jury would decide how much responsibility you bear for your injuries. Responsibility is measured by percentage and a jury may tell you that you are 30 percent responsible for your damages and the person who ran the red light is 70 percent responsible. In this case, the defendant would only be responsible for paying 70 percent of your damages due to the accident and you would be responsible for the remaining 30 percent on your own.

Standards for determining comparative negligence liability vary from state to state. In some states, the plaintiff may not receive any recovery for damages if they are found to be more than 50 percent at fault for the accident. In other states, the plaintiff may recover a percentage of their damages no matter what percentage of the responsibility they share. And in still other states, contributory negligence reigns. That means you can recover no damages if you are responsible to any degree. An experienced accident lawyer can help you understand what to do if you are partially responsible for your damages.

When comparative negligence is a possibility in your car accident claim, it is imperative that you seek the assistance of an experienced accident lawyer. An accident lawyer with expertise handling cases with comparative negligence will be familiar with state laws that may help you recover the most money you are entitled to for recovery of your damages.