Have you been in an accident recently and tried to figure out who's at fault? It can be challenging to determine, but understanding comparative negligence can help you.
Only some people are familiar with the concept of comparative negligence. Some people need to learn what it is or need to figure out how it works. And so, it allows authorities to assign the blame accordingly. But how do you understand how it works?
Here's a guide to everything you need to know about comparative negligence. Let's start!
What is Comparative Negligence?
You might wonder, what is comparative negligence? Simply put, it's a principle that states the fault or negligence of every party based on their role and contribution to the accident. This way, insurers can blame and compensate those involved relatively.
Comparative negligence is ordinary in auto accidents. In most cases, drivers who break traffic laws get denied their claims, whether they're the victim or cause.
Determining the person at fault in an accident is vital for insurance. This way, they can hold those who cause the damage accountable. Because of this, you might want to consider looking for the top rated car accident lawyer in your area to get the best results.
How Does It Work?
Comparative negligence determines what kind of legal services you have to face. It helps authorities review the actions that led to the accident before deciding who is to blame.
And so, it assigns the person at fault fairly according to each party's actions. It also helps identify how much insurers must pay and whether each party can proceed with their claim.
When identifying who is responsible, they follow a specific process to assess the situation. It also defines if those involved get compensated for their experience or not.
Types of Comparative Negligence
Generally, comparative negligence follows the process of identifying who is at fault. Even so, it can fall under different types based on the percentage of failure assigned to those involved in the accident. It can fall under the following types:
Pure Negligence
Pure comparative negligence allows the person who brings the case to court to recover from the damage. It counts even if they get assigned up to 99% fault for the accident.
They can still recover the remaining 1% of the damages assessed. And so, you can still get legal help as long as you don't get 100% of the blame.
Modified Negligence
Some states could be more generous when assigning comparative negligence during accidents. For example, you can only recover damages in Georgia if you get less than 50% of the blame.
So, if you are found to have 49% of the fault, you can recover the remaining 51% of damages. But if authorities decide you get 50% or more of the blame, you won't be able to collect anything.
Modified comparative negligence in other states allows you to reach at least 50% of fault or less to recover damages for injury or vehicle issues from the accident. Likewise, you don't get compensation if your fault goes beyond that.
Slight or Gross Negligence
South Dakota is the only state that recognizes slight or gross comparative negligence, but it's still good to understand how it works. The rule explains that fault percentages assigned to parties get replaced by slight and gross contributions.
With this, gross refers to recklessness and disregard for the other party's safety, while slight is the opposite. So, if the person who brings the case to court has a more significant contribution is slight, they receive a more considerable award amount.
At the same time, if the injury amount they receive is less, if their contribution to the accident is more than slight, or if authorities consider it gross.
Contributory Negligence
If you live in a state with a contributory fault law, you can expect to receive no compensation if the other party proves you contributed to the accident. It disregards the percentage of your fault and can keep you from recovering from damage, even if you have less blame.
For example, if the other driver gets 99% of the blame and you get only 1%, you still get barred from recovering any damages brought by the accident. Because of this, many refer to contributory negligence as a claim killer since it prevents both parties from receiving compensation.
How to Protect Yourself From Negligence Claims
You can protect yourself from dealing with negligence claims by carrying liability insurance. It covers the cost of injuries or property damage others suffer when you're at fault. You can even add an umbrella policy to cover damages beyond the limits of your policy.
You can also hire an attorney to guide you throughout the process. This way, even if you're at fault, you won't have to suffer as much damage as you would without protection. At the same time, you'll receive compensation for any damage on your side.
Learn the How and What of Comparative Negligence Today
When you're on the road, it helps to understand how comparative negligence works, whether you drive safely or get into an accident. This way, you know how to get around the issue before it leads to damage on your part.
Knowing how comparative negligence works can protect you from harm during an auto accident. At the same time, it can guide you through dealing with claims.
So, what do you think? Check out our blog to learn more about it!
