Submit a Request...Receive the help you need!
We've helped 20 clients find affordable attorneys today.

Click here to know more about membership
  • Members have 24/7 emergency access to their attorneys via Mobile App.
  • Legal consultation for all personal legal matters.
  • You get instant access to your own dedicated law firm.
  • Membership covers you, your spouse/partner, children and dependents.
  • 101 more reasons. Read here
Close

Comparative and Contributory Negligence: Car Accident Defenses

HomeAuto AccidentComparative and Contributory Negligence: Car Accident Defenses

In a car accident, one of the first and most important things to determine is “who was at fault?”

The plaintiff, or the one filing the lawsuit or making the insurance claim, should first prove that the defendant was at fault or negligent.

But if both parties have a certain level of negligence in their part, it may be hard to determine who was really at fault.

Sometimes, the defendant can even establish a defense to minimize or even avoid any liability.

There are scenarios when both parties have their own contribution to the accident, or they both have an amount of negligence during the event.

This makes it hard to determine which one was at fault. The idea of comparative and contributory negligence can help solve this issue and come up with a way to allocate fault between the parties involved in the accident.

Negligence

First, it would be wise to learn the meaning of negligence in its legal definition.

Negligence is when the conduct of an individual leads to unreasonable harm to other people.

If your negligence leads to another person getting injured, then you should pay for the damages.

Contributory Negligence

Contributory negligence consists of a conduct that leads to damage to one’s self.

If the person is not acting reasonably and inflicts damage to one’s self, that individual may be held responsible, even if another party was involved in an accident.

This means the victim was also injured due to his or her own negligence. One example is when a person crosses a street where crossing is prohibited and was hit by a car.

The car driver, who can easily be the defendant in this case, can push for a contributory negligence claim.

This will prove that the plaintiff was partially responsible for the accident and for the injury he or she incurred.

If the defendant proves the contributory negligence claim against the plaintiff, then the accident victim may only get partial compensated for the injuries he or she incurred.

Comparative Negligence

Comparative negligence allocates the faults between the parties involved in the accident, which means the victim was also partially at fault.

In comparative negligence, if it is proven that the victim was somehow also at fault, he or she will be barred from any form of compensation.

Guidelines for comparative negligence vary from state to state.

Generally, there are two rules being followed.

One rule is the pure comparative negligence where the victim’s compensation will reflect how much he or she has contributed to one’s own injury.

The other rule is the modified comparative negligence where the victim can’t get any compensation if he or she is equally responsible or has a higher degree of fault to the defendant.

Proving Negligence

How do you prove that the victim was in fact negligent? Examples of negligence in the victim’s part includes speeding while driving, making sudden movements as a pedestrian, riding with a drunk or reckless driver, interfering with the car driver, and more.

To make sure you get the compensation you deserve, it is always best to consult and hire a lawyer.

Important: The articles available on uslawyer.us are neither legal advice, nor a replacement for an attorney. The articles are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you but we do not promise or guarantee that they are suitable to your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, it is strictly suggested to not to rely on the information provided in these articles completely without getting expert legal advice. It is also suggested to consult or hire an attorney in case of any doubt.


Add Comment

Your email address will not be published. Required fields are marked *