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After a car accident, determining who was at fault is a critical step in the legal process. But what happens when both drivers share some responsibility? That’s where the legal concept of comparative negligence comes into play. It can have a significant impact on how much compensation you receive—or whether you can recover damages at all.
What Is Comparative Negligence?
Comparative negligence is a legal principle used to allocate fault between two or more parties involved in an accident. Rather than assigning full blame to one person, it recognizes that multiple parties may have contributed to the crash.
Under comparative negligence, the amount of compensation you’re entitled to is reduced by the percentage of fault assigned to you.
Example:
If you were found to be 20% at fault for an accident and your damages totaled $50,000, you would still be eligible to receive $40,000 (i.e., 80% of the total damages).
Types of Comparative Negligence
There are three main types of negligence systems used in the United States:
1. Pure Comparative Negligence
In a pure comparative negligence system, you can recover damages even if you are up to 99% at fault. However, your recovery is reduced by your percentage of fault.
Example:
If you were 90% at fault for the accident, you could still recover 10% of your damages.
2. Modified Comparative Negligence (50% Bar Rule)
Under this rule, you can only recover damages if you are less than 50% at fault. If you are found to be 50% or more responsible, you cannot recover any compensation.
Example:
If you were 49% at fault, you could still recover 51% of your damages. At 50%, you get nothing.
3. Modified Comparative Negligence (51% Bar Rule)
Similar to the 50% rule, but with a slightly higher bar: you can recover damages only if you are less than 51% at fault.
Example:
If you are 50% at fault, you can still recover. But at 51% fault, your claim is barred.
Important: Your state’s specific rule will determine how comparative negligence applies to your case. Always consult with an attorney familiar with your state’s laws.
How Is Fault Determined?
Determining fault isn’t always straightforward. Insurance companies and legal professionals rely on:
- Police reports
- Witness statements
- Photos and video from the accident scene
- Traffic laws and violations
- Expert accident reconstruction analysis
Often, both parties have different stories about what happened. Insurance adjusters may try to assign more blame to you to reduce their company’s liability. That’s why it’s crucial to avoid admitting fault at the scene and to consult with an attorney before speaking to insurers.
Why Comparative Negligence Matters
The percentage of fault assigned to you can dramatically affect the compensation you receive. Here’s why it’s so important:
- It affects your final settlement or court award.
- Insurers will use it to minimize payouts.
- If your fault exceeds your state’s limit, your claim could be denied entirely.
Even a small difference in fault—say, 45% vs. 51%—could be the difference between recovering tens of thousands of dollars or nothing at all.
Protecting Yourself in a Comparative Negligence Case
Here are some steps to help protect your rights:
1. Gather Strong Evidence
Take photos, gather witness names, and request a copy of the police report. The more evidence you have, the better your chances of disputing an unfair assignment of fault.
2. Be Cautious in Your Statements
Avoid saying things like “I’m sorry” or speculating about what caused the crash. These statements can be taken out of context and used against you.
3. Consult a Car Accident Attorney
A skilled attorney can:
- Investigate the accident thoroughly
- Challenge unfair assessments of fault
- Negotiate with insurance companies
- Maximize your compensation
Trying to handle a comparative negligence claim on your own can leave you vulnerable to lowball offers and incorrect blame assignments.
Final Thoughts
Car accidents are stressful enough without having to fight over fault percentages. Comparative negligence laws can be complicated, and even a small shift in fault assignment can significantly impact your recovery. We recommend boise car accident lawyer.
