What Is Comparative Negligence? Simple Explanation
Comparative negligence rules determine what happens to your personal injury claim when you share some of the fault for the accident. Here is how it works.
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.
## Short Answer
Comparative negligence is a legal rule that reduces your compensation in a personal injury claim by the percentage of fault attributed to you. In most states, you can still recover damages even if you were partly at fault.
Why Fault Percentage Matters
In most accidents, fault is not all-or-nothing. A driver may have been speeding when another driver ran a red light. A pedestrian may have been crossing mid-block when a driver failed to yield. Comparative negligence rules determine how shared fault affects each party's recovery.
Pure Comparative Negligence
In states with pure comparative negligence, you can recover damages even if you were 99% at fault — though your recovery is reduced by your percentage of fault. A few states follow this rule.
Modified Comparative Negligence — 50% Rule
Most states use a modified rule. If you are 50% or more at fault, you cannot recover any damages. If you are less than 50% at fault, your recovery is reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 30% at fault, you recover $70,000.
Modified Comparative Negligence — 51% Rule
Some states bar recovery if you are 51% or more at fault, rather than 50%.
Contributory Negligence — The Minority Rule
A small number of states still follow contributory negligence, where if you are even 1% at fault you cannot recover anything. This is a much harsher rule. Alabama, Maryland, North Carolina, Virginia, and Washington D.C. follow some form of this rule.
How Insurance Companies Use Comparative Negligence
Insurance adjusters will often try to assign you a percentage of fault to reduce the settlement offer. Disputing the percentage they assign is a normal part of claim negotiations.
Sources to Verify
Your state's specific comparative negligence rules are published in state statutes. An attorney in your state can tell you which rule applies to your case.
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*This article is for general informational purposes only and is not legal advice. Laws vary significantly by state. Consult a licensed attorney for advice specific to your situation.*
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.