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I know how complicated auto accident settlements can be and how different the laws can be between states. While one driver may be at fault in an accident it is difficult to determine how much of the damage they are responsible for. Sometimes, the victim of the accident plays a significant role in their injuries because they were distracted, negligent or had unsafe behavior such as not wearing a seatbelt.

When both parties are found to be partially responsible for an accident or the injuries sustained it becomes a case of comparative negligence.

What is Comparative Negligence?

Comparative Negligence: a system which restricts the compensation the victim of an accident can receive if they had a role in their own injuries or damages.

An example of a comparative negligence case is if you are driving a vehicle through a green light and are struck by a car that ran a red light. The incident was not your fault, but you sustain serious injuries because you were not wearing a seatbelt. Because you contributed to your injuries when you failed to wear a seatbelt you would be found partially responsible for your injuries and comparatively negligent.

There are four different systems for deciding comparative negligence cases in the United States and depending upon the state you may receive partial compensation or no compensation. The different systems are: pure comparative negligence, pure modified comparative negligence, modified comparative negligence with a 50% bar rule, and modified comparative negligence with a 51% bar rule.

Pure Contributory Negligence

Negligence law of:
Virginia
Alabama
District of Columbia
North Carolina
Maryland

Pure Contributory Negligence: If the victim is found to be responsible for their own harm on any level the at-fault party will not be held liable.

For example, Linda hits Crystal’s car and Crystal is injured in the accident, but Crystal is found to be 10% responsible for her injuries- in this system she will receive no compensation for the damages because she had a minor role in her own injuries.

The pure contributory negligence system is based off of English laws but only 5 states in the United States continue to use this system while the other 45 have adopted more progressive laws.

Comparative Negligence

While contributory negligence provides no compensation for those found partially responsible for their injuries, in a comparative negligent system partially responsible parties are entitled to partial compensation. The level of compensation, however, depends on which system is used: pure comparative negligence or a modified comparative negligence.

Pure Comparative Negligence

Negligence law of:
Washington State
Alaska
California
Arizona
Kentucky
Florida
Mississippi
Louisiana
Missouri
New York
New Mexico
Rhode Island
South Dakota

Pure Comparative Negligence: a system that compensates for damages based on the level of fault of each party. A percentage of guilt is determined by the judge or jury deciding the case which determines the percentage of compensation.

Example:

For example, Lauren and Tom have an accident, but the jury decides tom is 99% responsible for his own injuries because of his failure to wear a seatbelt. In a pure comparative negligence system Tom is then responsible for 99% of his $10,000 medical bills and Lauren is only required to pay for 1% or $100.00.

Modified Comparative Negligence-50% bar rule

Negligence Law of:
Colorado
Arkansas
Kansas
Georgia
Idaho
Maine
West Virginia
Nebraska
North Dakota
Oklahoma
Tennessee
Utah

Modified Comparative Negligence- 50% bar rule: this law operates on the principle that if the victim is responsible for 49% or less of the damages they will be compensated. If, however, it is decided that the victim contributed to 50% or more of their own damages they will not be compensated.

Modified Comparative Negligence- 51% bar rule

Negligence Law of:
Connecticut
Delaware
Hawaii
Illinois
Indiana
Iowa
Massachusetts
Michigan
Minnesota
Montana
Nevada
New Hampshire
New Jersey
Ohio
Oregon
Pennsylvania
South Carolina
Texas
Vermont
Wisconsin
Wyoming

Modified Comparative Negligence with a 51% bar rule: this version of the comparative negligence law only provides compensation if the victim is found at fault for 50% or less of the damage. If the victim is thought to be responsible for 51% of the damages or more he is awarded nothing.

Understanding auto accident laws can be challenging. If you have suffered injury in a car accident contact a personal injury attorney immediately to review your case.

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Source by Jason Epstein