Not every accident has a single party who is completely at fault. In many personal injury cases, more than one person’s actions contribute to what happened. This is where the concept of comparative negligence comes into play, and it can have a significant impact on how much compensation an injured person is able to recover. A Bridgeport, WV personal injury lawyer can help evaluate how comparative negligence may affect your claim and whether another party’s share of fault could reduce the compensation you may be able to recover.
What Is Comparative Negligence
Comparative negligence is a legal principle used to determine how fault is divided between the parties involved in an accident. Rather than requiring one party to be entirely at fault, this approach allows fault to be split based on each person’s contribution to the accident. For example, if a driver runs a red light but the pedestrian they hit was also jaywalking at the time, both parties may share some percentage of fault.
Types of Comparative Negligence Systems
States generally follow one of a few different approaches to comparative negligence:
Pure comparative negligence allows an injured person to recover damages even if they are found to be mostly at fault, though their compensation is reduced by their percentage of fault. For example, someone found 80 percent at fault could still recover 20 percent of their damages.
Modified comparative negligence allows recovery only if the injured person’s fault is below a certain threshold, often 50 or 51 percent. If their fault meets or exceeds that threshold, they may be barred from recovering any compensation.
Contributory negligence, used in a small number of states, is the strictest approach. Under this system, if an injured person is found to bear even a small percentage of fault, they may be barred from recovering any compensation at all.
How Fault Percentages Are Determined
Determining fault percentages involves looking at the specific facts of the accident, including police reports, witness statements, photos, and any available video footage. Insurance adjusters, and ultimately courts if a case goes to trial, weigh this evidence to assign a percentage of fault to each party involved.
Why This Matters for Your Claim
Because comparative negligence can directly reduce, or in some cases eliminate, the compensation available to an injured person, insurance companies often focus heavily on assigning fault during settlement negotiations. It is common for an insurance company to argue that the injured person bears more responsibility than they actually do, in an effort to reduce the payout.
This makes it important to gather strong evidence supporting your version of events as early as possible after an accident. Clear documentation can help counter attempts to shift an unfair share of blame onto the injured person.
An Example
Imagine a car accident where one driver was speeding and the other failed to use a turn signal before changing lanes. If a court determines the speeding driver was 70 percent at fault and the other driver was 30 percent at fault, the total damages awarded would typically be reduced by the injured party’s percentage of fault, depending on the state’s specific comparative negligence rules.
The Bottom Line
Comparative negligence plays a major role in many personal injury cases, and the specific rules can vary significantly depending on where the accident occurred. Understanding how shared fault might affect your case is an important part of knowing what to expect as you pursue a claim. If you have questions about how comparative negligence may affect your personal injury claim, contact Hayhurst Law PLLC to discuss your circumstances and understand your options.
