When a car accident occurs, determining fault is critical in assessing liability and calculating compensation. However, not all accidents are clear-cut in terms of who is responsible. In some cases, both parties may share blame. This is where the concept of comparative negligence comes into play. Understanding how comparative negligence affects your car accident claim can make a significant difference in the compensation you receive.
What Is Comparative Negligence?
As our friends at Law Firm of Edward Blinder, PLLC can confirm, comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. Under this principle, if you are partially responsible for an accident, your compensation may be reduced based on your percentage of fault. This system ensures that each party is held accountable for their level of negligence.
Types Of Comparative Negligence
There are three main types of comparative negligence systems, and which one applies depends on the laws of the state where the accident occurred:
- Pure Comparative Negligence
- In states following this system, you can recover damages regardless of your percentage of fault. However, your compensation will be reduced by your degree of responsibility.
- Example: If you are 70% at fault and your damages total $10,000, you can still recover $3,000.
- Modified Comparative Negligence (50% Bar Rule)
- In this system, you can only recover damages if your fault is less than 50%. If you are equally or more responsible, you cannot recover any compensation.
- Example: If you are 40% at fault and have $10,000 in damages, you can recover $6,000. However, if you are 50% or more at fault, you receive nothing.
- Modified Comparative Negligence (51% Bar Rule)
- Similar to the 50% rule, but you can recover damages as long as your fault does not exceed 51%. If you are 51% or more at fault, you cannot recover compensation.
How Comparative Negligence Is Determined
Determining fault is a complex process that typically involves:
- Police Reports: Initial findings about the accident.
- Eyewitness Testimonies: Statements from those who saw the accident.
- Accident Reconstruction Experts: Professionals who analyze the crash to determine how it occurred.
- Evidence from the Scene: Photos, videos, and other documentation of the accident site.
Insurance companies often conduct their own investigations and may try to assign a higher percentage of fault to you to reduce their payout.
Impact On Your Claim
As a car accident lawyer can confirm, the percentage of fault assigned to you directly affects the compensation you can receive. For example, if your total damages are $20,000 and you are found 30% at fault, your compensation would be reduced to $14,000.
Protecting Your Rights
To minimize your percentage of fault and maximize your compensation, consider the following:
- Avoid Admitting Fault: Never admit fault at the accident scene or during discussions with insurers.
- Gather Evidence: Document the accident thoroughly with photos, videos, and witness contact information.
- Hire an Attorney: A car accident lawyer can advocate on your behalf, challenge unfair fault determinations, and negotiate with insurance companies.
Conclusion
Comparative negligence can significantly impact your car accident claim, but understanding how it works allows you to better protect your rights. By working with a car accident lawyer and providing solid evidence, you can ensure a fair assessment of fault and receive the compensation you deserve.