Comparative Negligence

Comparative negligence laws spell out how the responsibility for an accident will be shared between the parties directly involved in the accident. In a civil case involving an accident where personal injury or property damage was suffered, there is a plaintiff and a defendant. When both contributed to the accident, comparative negligence statutes will determine who will receive compensation for their losses and how much they are eligible to receive.

Let's say that John and Jane get into a car accident. John was speeding down the street when Jane made a left turn at an intersection and hit John's car. It is determined that both have some degree of fault in causing the accident. Comparative negligence laws will determine how much compensation each party is eligible for based on their percentage of fault in the accident.

Every state has different comparative negligence laws which determine how the burden will be shared by the parties involved in an accident. Currently five states have what are called pure contributory negligence statutes. These comparative negligence laws state that even if the plaintiff is found to be just one percent responsible for the accident, they are not able to seek any compensation for their losses. Following our example, if Jane is 99 percent responsible and John is one percent responsible, pure contributory negligence laws state that John is not eligible to seek any compensation.

Currently thirteen states have pure comparative negligence laws governing eligibility for compensation in an accident. Pure comparative negligence works in virtually the opposite way that pure contributory negligence does. Under pure comparative negligence, the party who is 90 percent responsible for the accident can still seek compensation. Using our example, if Jane is found to be 90 percent responsible and John is 10 percent responsible, Jane can still recover damages from John. If Jane suffered $10,000 in damages she would still receive $1,000 in damages.

There are 32 states that have modified comparative negligence statutes that state that the damaged party can seek restitution provided that their fault is below a certain percentage. In eleven states, the modified comparative negligence law uses the 50 percent bar rule. This means that if the damaged party is less than 50 percent responsible they can collect damages. In the example, if Jane is 49 percent responsible and John is 51 percent, Jane can recover damages. If Jane is 50 percent and John is 50 percent, she cannot.

Twenty one states recognize the 51 percent bar rule with regards to comparative negligence. This means that the party who is deemed less than 51 percent responsible can seek reparations. Using our example if Jane is 50 percent responsible she can collect damages from John but if she is 51 percent responsible she cannot. In the latter two cases, recovery is reduced by the percentage of responsibility.

If you would like to learn more about comparative negligence laws in your state, please contact us to speak with a qualified and experienced attorney who can protect your rights.