Vehicular accidents have become a common feature of urban life.
The problem begins when none involved accepts the negligence on his or her part.
However, the judiciary offers a mechanism, Comparative Negligence laws, through which determining the negligence on the part of either involved becomes easy.
Understanding the Concept
Comparative negligence is the concept that effectively decides the fault of the directly involved parties in an accident based on their public conduct.
When both parties are somewhat responsible, Comparative Negligence compares and allocates fault between both involved and asks each one to pay the share for the damages to the other party.
Aspects of being considered:
– The defender abides by law to take enough precautions and care.
– The defender was reckless in his conduct and behaved irresponsibly.
– The defender’s conduct was the principal reason for injury.
– The defender was aware of his behavior that may cause damage.
– The claimant suffered actual injuries, and he or she was not responsible.
Comparative Negligence Example:
For example, let’s imagine that Jeff is speeding on Brooklyn Street and collides with Lilly coming from Beech Street.
Since Jeff was speeding, he appears liable, but Jury sees that Lilly did not slow nor gave a signal.
Hence, the Jury will reduce Jeff’s responsibility towards Lilly’s injuries by 40% and ask Lilly to pay 40% towards Jeff’s damages, while Jeff would pay only 60% of Lilly’s losses.
Also, read about contributory negligence law.
The Comparative Negligence Resolution
While the old approach prohibits injury for damage recovery, the new plan is much more reasonable. It allows both the party’s equal rights to claim and defend injury damages.
Comparative negligence has two understandings.
In Pure Comparative Negligence, the recovery of damage is either denied ultimately or reduced based on the responsibility of the injured.
In a Modified Comparative Negligence, the injured must not be responsible above and beyond 50% for the cause of injury to claim the damages.
If you have faced such a claim against you, get your injury claim reviewed immediately at almost no cost.