When you’re involved in a motor vehicle accident (MVA), determining who’s at fault is crucial for your claim. But what if both parties share some responsibility for the accident? The answer to that question depends on whether the state follows a comparative negligence or contributory negligence system. Understanding these legal concepts can make a significant difference in the outcome of your case.
Comparative Negligence Explained
Comparative negligence is a system used by most states to allocate fault between the parties involved in an accident. Under this system, each party’s level of fault is determined, and the compensation they receive is adjusted accordingly. There are two types of comparative negligence: pure comparative negligence and modified comparative negligence.
In pure comparative negligence, you can recover compensation even if you are 99% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are 40% responsible for the accident and your damages total $100,000, you would receive $60,000.
A lawyer, like an MVA accident lawyer, can tell you that modified comparative negligence, on the other hand, limits your ability to recover damages if your percentage of fault exceeds a certain threshold, typically 50% or 51%. In these states, if you are more than half responsible for the accident, you cannot recover any compensation.
Contributory Negligence Explained
Contributory negligence is a much stricter standard used by only a few states. Under this system, if you are found to be even 1% at fault for the accident, you are barred from recovering any compensation. This can be extremely harsh, especially in cases where your level of fault is minimal.
Which System Applies To You?
The type of negligence system that applies to your case depends on the state where the accident occurred. Most states follow some form of comparative negligence, but a handful still adhere to the contributory negligence standard. Knowing which system your state follows is crucial for understanding your rights after an accident.
If your state follows comparative negligence, your compensation will depend on the percentage of fault assigned to you. In contrast, if you’re in a contributory negligence state, even the slightest degree of fault can prevent you from recovering any damages. This makes it essential to work with an experienced attorney who can help minimize your assigned level of fault and maximize your chances of receiving compensation.
Why It Matters In MVA Cases
The difference between comparative and contributory negligence can significantly impact your ability to recover damages after an accident. In a comparative negligence state, you have more flexibility in pursuing compensation, even if you share some responsibility for the accident. However, in a contributory negligence state, you must be prepared for the possibility of receiving no compensation if you’re found to be even slightly at fault. In either case, gathering strong evidence to support your claim and reduce your level of fault is critical. This can include witness statements, police reports, and accident reconstruction experts.
Taking Action After An Accident
If you’ve been involved in a motor vehicle accident, understanding whether your state follows comparative or contributory negligence is key to knowing your legal options. Don’t leave your case to chance. Our friends at Wandres Law, PC discuss how having the right legal representation can make all the difference in navigating these complex laws. Consult with an attorney who can help guide you through the legal process, build a strong case, and protect your rights. By taking the right steps early on, you can improve your chances of receiving the compensation you deserve, so schedule a call with your local law office today.