Car accidents can be devastating for the victims and their families. Life-threatening injuries can result in permanent impairments. Many victims turn to hiring legal counsel after a crash, not just to file a claim, but to understand their rights and responsibilities better when liability is in question.
Most states have tort laws that provide victims with compensatory damages for their financial losses, pain, and suffering. However, states also have contributory fault laws that can penalize an accident victim if they are partially to blame for causing their car accident.
Below are the things that every lawyer should know about the comparative negligence rule as it applies to car accident claims.
What Is Comparative Negligence?
Comparative negligence is a principle in tort law that holds an accident victim accountable for their level of fault for causing an accident. Comparative negligence could have a profound outcome on a car accident claim, depending on the state law where you practice.
There are three types of negligence laws in the United States that can impact how damages are divided in a car accident case:
Pure Contributory Negligence
Pure contributory negligence is the harshest standard to apportion damages in a car accident case. Only four states (Alabama, Maryland, North Carolina, and Virginia) and the District of Columbia use a pure contributory negligence standard in personal injury cases.
Under pure contributory negligence, an accident victim cannot recover damages if their negligence contributes to the cause of their injury. For example, suppose a driver is involved in a car accident in Charlotte, NC. They filed a personal injury lawsuit against the driver who caused the crash by running a red light.
The jury heard the case and decided that the driver who ran the red light was 90% to blame for causing the accident. However, the jury assigns the other 10% of the blame to the injured victim. Because the victim was partially to blame for causing the car accident, North Carolina’s contributory fault law prohibits them from receiving any money for their claim.
Therefore, even though the other driver was mostly at fault for causing the victim’s injuries and financial losses, they are not required to pay any money to the accident victim. Even if the accident victim had been 1% to blame, the law would bar them from recovering damages.
Pure Comparative Negligence
12 states operate under a pure comparative negligence standard. Each party contributing to the cause of the crash is responsible for their percentage of blame. For example, suppose two drivers are involved in a car accident. The jury determines they are equally to blame for causing the crash. Each driver is 50% liable for the other party’s damages in that case.
On the other hand, a jury determines that a driver is 70% to blame for causing an accident. The other driver is 30% to blame. The damages owed to each driver are reduced by their percentage of blame. For instance, the driver who was 30% at fault would only receive 70% of the damages awarded by the jury.
Modified Comparative Negligence
The remaining states, except South Dakota, have modified comparative negligence laws. Accident victims are barred from receiving any money for their damages if they are 50 or 51 percent to blame for causing the car accident.
For example, Maine uses a 50% bar. Therefore, an accident victim who is 55% to blame for a car crash could not receive any money for their damages. On the other hand, if the victim was 40% to blame, the court would reduce their damages by 40 percent instead of barring damages.
Insurance Companies Use Comparative Negligence to Fight Claims
Attorneys must understand the comparative negligence laws in their state. Insurance companies often shift blame to accident victims to deny and undervalue claims. If an attorney practices in a state that uses pure contributory negligence, it is essential to prepare for a battle. The insurance provider must only convince a jury that the victim is 1% to blame to escape liability.
Accident victims can discuss comparative negligence laws and how the laws could impact their cases during a free consultation with a car accident lawyer in their area.