When an accident occurs, determining who is at fault is one of the most critical aspects of a personal injury claim. In many cases, both parties involved share some degree of responsibility. This is where comparative negligence comes into play.
Comparative negligence laws impact how much compensation an injured party can receive, depending on their share of fault. Understanding how these laws work is essential for maximizing compensation and protecting your legal rights.
In this guide, we will break down:
- The definition of comparative negligence
- The different types of comparative negligence laws
- How comparative negligence affects your compensation
- Steps to take if you are involved in a personal injury case
What Is Comparative Negligence?
Comparative negligence is a legal principle used in personal injury cases to determine how fault is shared between parties involved in an accident.
Instead of placing 100% of the blame on one party, comparative negligence assigns a percentage of fault to each party based on their actions leading up to the accident.
For example:
- If a driver is speeding and another driver runs a red light, both may be held partially responsible for the accident.
- The court or insurance adjuster will determine how much each party contributed to the accident, which directly impacts the compensation they can receive.
Types of Comparative Negligence Laws
Each state follows different rules regarding comparative negligence, which can significantly impact the outcome of a personal injury case. There are three main types:
1. Pure Comparative Negligence
- A plaintiff can recover damages even if they are 99% at fault for the accident.
- However, their compensation will be reduced by their percentage of fault.
- Example: If an injured party is 80% at fault and their damages total $100,000, they can still recover $20,000 (20% of the total).
- States that follow this rule: California, Florida, New York, and others.
2. Modified Comparative Negligence – 50% Bar Rule
- A plaintiff can recover damages only if they are less than 50% at fault.
- If they are 50% or more responsible, they cannot receive any compensation.
- Example: If a plaintiff is 49% at fault and the damages total $100,000, they can recover $51,000. If they are 50% at fault or more, they receive nothing.
- States that follow this rule: Colorado, Georgia, Utah, and others.
3. Modified Comparative Negligence – 51% Bar Rule
- A plaintiff can recover damages only if they are 50% or less at fault.
- If they are 51% or more responsible, they cannot recover any compensation.
- States that follow this rule: Texas, Indiana, and others.
How Comparative Negligence Affects Personal Injury Compensation
The percentage of fault assigned to each party directly affects how much compensation an injured person can receive.
- Higher fault percentage = Lower compensation
- Lower fault percentage = Higher compensation
Example Scenario: A Car Accident Case
- A pedestrian is distracted by their phone while crossing an intersection.
- A driver is speeding and fails to stop in time, hitting the pedestrian.
- The court determines that the pedestrian was 30% at fault for not paying attention, and the driver was 70% at fault for speeding.
- If the pedestrian’s total damages amount to $100,000, their compensation would be reduced by 30%, meaning they would receive $70,000.
This example highlights the importance of reducing fault percentage in a personal injury claim.
Proving Liability in a Comparative Negligence Case
To maximize compensation, an injured party must prove that the other party was more at fault for the accident. This requires strong evidence and legal arguments.
Key Pieces of Evidence That Can Help
- Police Reports – Official accident reports often indicate who was at fault.
- Eyewitness Statements – Testimonies from witnesses can provide crucial details.
- Surveillance Footage – Video evidence can help show how the accident happened.
- Medical Records – These prove the extent of injuries and their connection to the accident.
- Expert Testimony – Accident reconstruction specialists can analyze and explain fault percentages.
Gathering comprehensive evidence strengthens a personal injury claim and helps minimize an injured party’s assigned fault percentage.
What to Do If You’re Accused of Partial Fault
Insurance companies and defendants often use comparative negligence as a strategy to reduce payouts. If you are accused of being partially at fault, take the following steps:
- Do Not Admit Fault
- Avoid making statements like “I should have been more careful” at the accident scene.
- Anything you say can be used against you in your claim.
- Gather Evidence Immediately
- Take photos, get witness information, and request a police report.
- The more evidence you have, the stronger your case will be.
- Consult a Personal Injury Attorney
- A lawyer can challenge unfair fault assignments and negotiate with insurance companies.
- If necessary, they can take the case to court to fight for fair compensation.
- Review the Insurance Company’s Investigation
- Insurance adjusters may try to assign you more fault than you deserve.
- If their assessment is unfair, your lawyer can dispute it with strong legal arguments and evidence.
Comparative Negligence in California
Since California follows a pure comparative negligence rule, injured parties can still recover damages even if they are mostly at fault. However, insurance companies often try to shift more blame onto the victim to minimize payouts.
Because of this, working with an experienced personal injury attorney is crucial in maximizing compensation.
How We Can Help
At KMSD Law, we specialize in personal injury cases and understand the complexities of comparative negligence laws. If you were injured in an accident and are being wrongfully blamed, we can:
- Investigate your accident and gather critical evidence.
- Challenge unfair fault assessments from insurance companies.
- Negotiate aggressively to maximize your compensation.
- Represent you in court if necessary.
We offer free case consultations and work on a contingency fee basis, meaning you pay nothing unless we win your case.
Contact KMSD Law today to protect your rights and get the compensation you deserve.