In the aftermath of an auto accident, determining who is at fault is crucial for legal and insurance purposes. The concept of comparative negligence plays a significant role in this process, affecting how compensation is awarded to the parties involved. This legal doctrine is designed to apportion fault among the parties based on their contribution to the accident, thereby affecting the compensation each party can receive.

Understanding how comparative negligence works can help you navigate the complexities of auto accident claims more effectively. Let’s dig into this topic!

What is Comparative Negligence?

Comparative negligence is a principle used in personal injury law to allocate the degree of fault among the parties involved in an accident. Unlike the traditional all-or-nothing approach of contributory negligence, where the injured party could be barred from recovering any damages if they were found even slightly at fault, comparative negligence allows for a more nuanced allocation of responsibility.

There are two main types of comparative negligence:

• Pure Comparative Negligence: Under this system, an injured party can recover damages regardless of their percentage of fault, but their compensation is reduced by their degree of fault. For example, if you are found to be 30% at fault in an accident, you can still recover 70% of your damages from the other party.
• Modified Comparative Negligence: This approach sets a threshold for fault (usually 50% or 51%). You can only recover damages if your level of fault is below this threshold. If you are more at fault than the threshold allows, you cannot recover any compensation.

How Comparative Negligence Affects Compensation in Auto Accidents

The application of comparative negligence in auto accidents directly impacts the amount of compensation you can receive for your injuries and damages. Once fault is apportioned among the parties by either the insurance companies during the claims process or by a court if the case goes to trial, the compensation each party receives is adjusted according to their percentage of fault.

For example, in a state that follows pure comparative negligence, if the total damages in an accident are $100,000, and you are found to be 20% at fault, you would be entitled to receive 80% of the damages, or $80,000. In states following modified comparative negligence with a 50% threshold, if you were found to be 50% or more at fault, you would not be eligible to receive any compensation.

Florida used to be a pure comparative negligence state, but the state passed a tort reform law in 2023 that changed how comparative negligence claims are handled. Florida now follows a “modified comparative negligence” system.

The Importance of Evidence and Legal Representation

Given the direct impact of comparative negligence on compensation, it is crucial to gather comprehensive evidence to support your claim. This includes photos of the accident scene, witness statements, police reports and any other documentation that can help establish the facts of the case.

Furthermore, consulting with a personal injury attorney who is knowledgeable about the comparative negligence laws in your state is invaluable. An experienced attorney can help navigate the legal complexities, negotiate with insurance companies, and, if necessary, represent your interests in court to ensure that the fault is fairly apportioned, and you receive the maximum compensation possible.

Are You Entitled to Compensation? Find Out Today.

Comparative negligence is a critical factor in determining compensation after an auto accident. By understanding how this legal principle works and its implications, you can better prepare for the claims process and seek the compensation you deserve. To have your case reviewed by one of our attorneys and see what type of compensation you’re eligible for, contact The Law Offices of Ron Sholes at 855-WE-FIGHT.