Comparative Negligence

What Does Comparative Negligence Mean?

Comparative negligence is a legal term used to assign blame and determine damages in a vehicular accident involving two or more parties at fault. A percentage is assigned to indicate the extent of each party’s culpability.

Insuranceopedia Explains Comparative Negligence

A defendant can invoke comparative negligence against a plaintiff in a lawsuit involving an auto accident. This not only reduces their level of culpability but may also decrease the amount they have to pay in damages to the other party. The insurance company, through its legal representative, can also utilize this principle to reduce its liability. Because each driver’s share of fault sets the portion of damages their liability coverage has to pay, drivers in comparative negligence states often think carefully about how much liability insurance they actually need.

If the court determines that a party is primarily responsible for the accident, they will be assigned a higher percentage of fault. For instance, the court may attribute 80% of the responsibility for the accident to Party A and only 20% to Party B. In this scenario, if the total damages amount to $10,000, Party A would be responsible for paying $8,000, while Party B would be liable for the remaining $2,000. Fault percentages usually come down to evidence from the scene and the statements both drivers make, which is why knowing what to do after a car accident can affect how much a driver ends up paying.