Contributory and Comparative Negligence in Car Accidents

After a car accident, determining fault is one of the most important questions. The driver responsible for causing the accident may have to pay for the other driver’s damages. So determining fault will have a large effect on who can recover compensation and how much they can get.

The laws for determining fault in a motor vehicle accident vary by state. States generally use contributory negligence or comparative negligence standards when determining fault and liability in a personal injury claim. Talk to a personal injury lawyer where you live to find out about liability if you are in an auto accident.

Who Is Responsible for Damages in a Car Accident?

In a personal injury claim, liability means the person who is responsible for paying for damages, including medical bills, property damage, and pain and suffering. Liability is based on negligence or something unreasonable that causes the accident.

In a car accident case, a driver failing to stop at a red light and causing an accident could be considered negligent and may be liable for damages. In some accidents, both drivers may share some percent of the fault for causing the accident.

In a personal injury case, your own negligence can contribute to the accident. But that doesn’t always mean you can’t collect damages for your own injuries, depending on the state’s negligence rules.

What Is Negligence?

Negligence is generally the failure to use reasonable care that causes harm to another. Examples of negligence that cause car accidents could involve:

• Speeding
• Driving through a red light
• Crossing lane lines
• Driving at night without headlights on
• Failing to replace burned-out turn signals
• Failing to fix faulty brakes
• Not stopping for a pedestrian
• Using a smartphone while driving
• Drunken driving

Who Is Negligent in a Car Accident?

In a car accident lawsuit that goes to trial, the jury finds which party was negligent or if both drivers were negligent in causing the crash. If both drivers share liability, the jury will decide the percentage at fault for each driver, adding up to 100%. The percentage of liability can determine who recovers damages in a tort claim.

State liability laws will determine how much the injured person can recover in a lawsuit. States are generally divided based on:

• Pure comparative fault
• Modified comparative fault
• Contributory negligence

Fault can determine whether the injured driver recovers damages and the amount of damages recovered. The amount of recovery is generally reduced by the percent at fault. For example, if a driver suffered $100,000 in damages and was 20% responsible, they may only be able to recover $80,000 in damages from the other driver.

Contributory Negligence

Under contributory negligence rules, a plaintiff who is at all responsible for the accident can’t get compensation. Even if an accident victim is 1% responsible, they may not recover any damages. Alabama, Virginia, Maryland, Washington, D.C., and North Carolina are some states that use contributory negligence to evaluate a car accident lawsuit.

For example, a car accident victim suffers $100,000 in damages in an accident. The jury determines the plaintiff is 5% responsible and the other driver is 95% responsible. Even though the injury victim was only partly responsible, they cannot recover any damages from the other driver.

Comparative Negligence

Other states use a more nuanced form of negligence known as comparative negligence. It is sometimes called “comparative fault.” Under comparative negligence rules, several factors can contribute to an accident and determine shared responsibility. But, comparative negligence states are further divided based on pure or modified comparative negligence laws.

Pure vs. Modified Comparative Negligence

Several states, including Arizona, California, Florida, and New York, follow pure comparative negligence for car accidents. Even plaintiffs who were 99% responsible for the accident in these jurisdictions can recover damages.

The remaining states have adopted the principle of modified comparative negligence. Modified comparative negligence states generally follow a 50% or 51% rule. Plaintiffs can recover damages unless they are 50% at fault or greater than 50% at fault, depending on the state.

For example, in Colorado, a plaintiff can’t recover damages if they are at least 50% responsible for the accident. In Indiana, a plaintiff can’t recover damages if they are more than 50% responsible.

Get an Attorney’s Help

Comparative and contributory negligence laws are complicated. People injured in a car accident may want to meet with an experienced personal injury attorney to learn what recourse they have. A car accident attorney can explain the negligence system in your state and help you recover damages caused by the other driver.