Comparative negligence is a system that divides fault between drivers instead of placing it all on one person. This means that if both drivers contributed to the accident, their compensation is adjusted based on their percentage of fault.
For example, let’s say your total damages, medical bills, car repairs, and lost wages add up to $100,000. If you were found to be 20% at fault because you were slightly speeding, your compensation would be reduced by that percentage. Instead of receiving the full $100,000, you’d only get $80,000. The more you’re at fault, the less you can recover.
This is almost always a tricky situation to handle on your own, and this is exactly where car crash lawyers can help; they know how to prove what really happened and make sure you don’t take more blame than you should.
How Comparative Negligence Works in a Car Accident Case
After an accident, an investigation takes place to determine who was responsible. This process involves reviewing police reports, checking surveillance footage, interviewing witnesses, and analyzing physical evidence, such as skid marks and vehicle damage. Insurance companies, lawyers, and sometimes even the court will use this evidence to assign a percentage of fault to each driver.
Once fault is determined, compensation is calculated based on the damages. If you were partially responsible, your payout will be reduced by your percentage of fault. If the accident caused $50,000 in damages but you were found 30% at fault, you’d only receive $35,000.
Types of Comparative Negligence
Different states follow different rules for comparative negligence. The two main types are:
- Pure Comparative Negligence: In states that follow this rule, you can recover damages even if you were mostly responsible for the crash. If you were 90% at fault, you could still recover 10% of your damages.
- Modified Comparative Negligence: In states with this rule, there’s a limit on how much fault you can have and still collect compensation. The limit is usually 50% or 51%. If you’re found to be more than that percentage at fault, you can’t recover anything.
For example, in a state with a 50% threshold, if you were 49% at fault, you could still get compensation, but if you were 51% at fault, you’d get nothing.
How Comparative Negligence Affects Your Case
Comparative negligence plays a huge role in how much money you receive after a car accident. If you’re found partially at fault, your payout will be lower than if the other driver was entirely to blame. This also makes settling a claim more complicated because insurance companies will argue about who was responsible and by how much.
Insurance companies often try to shift more blame onto you because the more fault they assign to you, the less they have to pay. That’s why it’s important to have solid evidence to support your side of the story.
How to Protect Yourself
To make sure you don’t get unfairly blamed for an accident, follow these steps:
- Hire a Lawyer: A car accident lawyer can help prove the facts and make sure you don’t take more blame than you should. They know how to negotiate with insurance companies and present strong arguments in court if necessary.
- Gather Evidence: Take photos of the accident scene, get witness statements, and obtain any available dashcam or surveillance footage. The stronger your evidence, the better your chances of getting fair compensation.
- Be Honest: Lying or changing your story can hurt your credibility and damage your case. Insurance companies and courts take honesty seriously, and inconsistencies can work against you.
