Comparative negligence is a flexible legal approach that assigns fault to all parties involved in an accident. This concept recognizes that sometimes, the plaintiff might also be at fault for the accident. Hence, they cannot recover 100% of the compensation from the defendant.
Comparative negligence comes in three main types: pure comparative negligence, pure contributory negligence, and modified comparative fault. Missouri has a pure comparative fault law in which the plaintiff gets compensation, even when the defendant has the smallest fault percentage. Other states apply the pure contributory and modified comparative approach, as discussed later in this article.
Keep reading to learn more about comparative negligence and its types.
Understanding Comparative Negligence and How It Works
Sometimes, it can be hard to identify the party to blame when an accident happens and someone gets hurt. For instance, consider a situation where two drivers, Cate and John, are driving, and their cars collide.
Cate was over-speeding while John was joining the road and did not exercise reasonable care to consider the oncoming vehicles in that lane, hence a collision.
After the accident, Cate suffers bodily injuries, blames John for the accident, and even initiates a claim. In this case, the court may apply the comparative negligence approach because the two parties were at fault. While Cate was over-speeding, John should have been keener before getting onto the road upon seeing the speeding car.
Comparative negligence splits the responsibility to the parties involved, even if more than two parties are involved. In our example, suppose Cate claims that she suffered injuries and damages worth $100,000. Assume further that the court finds out that Cate was 70% responsible for the accident and John’s contribution to the accident was only 30%. In this case, Cate will receive 30% of $100,000, which is $30,000.
Types of Comparative Negligence
There are three main types of comparative negligence:
- Pure comparative fault
- Pure contributory fault
- Modified comparative fault
Pure Comparative Fault
Pure comparative negligence allows the plaintiff to get compensation for injuries and damages, even if they are 99% at fault. The respondent must pay for the percentage they contributed to the accident, even if it’s minimal. For instance, if the defendant’s contribution to the accident was only 1%, they will compensate the plaintiff for that 1% of the total damage incurred.
Currently, twelve states apply pure comparative fault. These states include the following:
- Missouri
- Washington
- Louisiana
- California
- Kentucky
- Florida
- New York
- New Mexico
- Arizona
- Alaska
- Mississippi
- Rhode Island
Pure Contributory Negligence
Unlike pure comparative fault, pure contributory negligence doesn’t allow the plaintiff to get compensation if they are found to be at fault for the accident. The plaintiff loses the case even if they had a 0.1% contribution to the accident. The four states that use this rule are:
- Alabama
- Virginia
- North Carolina
- Maryland
Modified Contributory Negligence
The modified contributory negligence rule allows the plaintiff to get compensated only when their contribution to the client doesn’t pass a certain threshold. In most cases, the threshold can either be 50% or 51%.
When applying the 50% threshold, the plaintiff cannot collect compensation if their contribution to the accident was 50% or more. That’s because the court usually assumes that you equally contributed to the accident. In that case, you don’t qualify to get compensated for the loss.
Some states that use the 50% modified contributory negligence include Kansas, Utah, Colorado, North Dakota, and Tennessee.
The 51% threshold is quite similar to the 50% one. However, you can only get compensation if the defendant contributes more than 50% of the damage. If you (the plaintiff) contributed more than 51% to the accident, you won’t be compensated for the loss.
The 51% threshold is the most popular, with 23 states using it. These states include Michigan, Minnesota, Connecticut, Ohio, Texas, and Nevada.
The Elements of Comparative Negligence
If you have been involved in an accident and have suffered injuries or financial losses, you must prove to the court that the other party is to blame. In that case, you should provide evidence, whether written or in video and picture form, to prove negligence. Here are the main elements of comparative negligence that you should prove before getting compensated:
- Duty of care: Every person should act reasonably to protect others at all times. For instance, a driver should be careful to avoid causing accidents on the road. When you need compensation for personal injury caused by an accident, you should provide proof that the defendant had then duty of care to protect you.
- Breach of duty: You should prove that the defendant breached their obligation to keep you safe and hence caused injuries. For instance, in an auto accident, if the defendant didn’t adhere to traffic rules and caused a coalition, they would be responsible for the damages.
- Proximate cause: The injuries you incur after an accident should have a direct connection with the defendant. You should prove to the court that the defendant’s negligent actions caused the accident.
- Harm: Harm is the last element of comparative negligence, whereby you should prove bodily harm, injury, property damage, or any other loss you incurred following the unfortunate event.
The defendant may also use comparative negligence as a partial defense for the case. In this case, the defendant will have to prove that:
- The plaintiff fails to take reasonable protection measures that any prudent person would have taken to avoid the accident.
- The plaintiff was partially or fully involved in the accident due to their negligence.
- The plaintiff had the option to take action to avoid the accident from happening or to stay safe from harm.
Understand Comparative Negligence Rules Of Your State
Comparative negligence is a partial type of defense in tort cases. Defendants can use it in almost all personal injury cases, including auto accidents, premises liability, or medical malpractice cases.
However, the defendant should prove that the plaintiff was negligent in one way or another, hence the harm arising from the accident. If you or your loved one suffers damages and injuries due to another person’s negligence, get the evidence you need to support your case. You may also seek the help of a lawyer to guide you and help you know the comparative negligence laws that your state uses.
