Contributory/Comparative Negligence

April 24, 2018/Comments Off

If you get into an accident that “wasn’t” your fault, it’s likely you’ll assume you won’t have to suffer any consequences. Think again.

Any amount of fault that is on your hands can reduce the amount of compensation you’ll receive for the accident. This is a law that deals with Contributory and Comparative Negligence.

There are many states that follow this law when dealing with car accidents. If you’ve never heard of this, it’s important to know about it. Here’s a quick rundown on the two concepts.

Contributory Negligence: If you were at all contributory to the cause of the accident, you are considered slightly at fault. Therefore, you will not win in court against a driver who you assumed is absolutely at fault because of this law.

This can be unfair in some cases, which caused the development of Comparative Negligence.

Comparative Negligence: This considers the negligence of all parties involved in the accident. If you were yielding to make a left turn, and you incorrectly judged the speed of oncoming traffic, resulting in a collision, you are both at fault to a certain percentage. That exact percentage is determined with Comparative Negligence and reduces your compensation if you are slightly at fault and injured in an accident.

These laws strongly encourage you to practice safe driving on the roads. Fault and compensation may not be what you are expecting.

By: KayLynn