Auto accidents aren’t always straightforward when it comes to deciding who is at fault. Sometimes, more than one person shares responsibility for the crash. In these cases, the concept of comparative fault is used. Understanding how it works is important if you’ve been in an accident and are seeking compensation.
What Is Comparative Fault (also Known As Comparative Negligence)
Comparative fault, commonly referred to as comparative negligence, is a legal doctrine used when multiple people share responsibility for an accident. Instead of assigning blame solely to one party involved, comparative negligence allocates blame among all those responsible according to their contributions towards its occurrence.This division can impact how much compensation each person can receive.
Types of Comparative Fault Systems
There are three main types of comparative fault systems:
- Pure Comparative Fault
In this system, you can recover compensation even if you are mostly at fault. For example, if you are 70% responsible for the accident, you can still claim 30% of the damages. - Modified Comparative Fault
Under this system, you can only recover compensation if your share of the fault is below a certain limit, usually 50% or 51%. For example, if you are 40% responsible, you can receive 60% of the compensation. However, if you are more than the allowed percentage at fault, you may not get anything. - Contributory Negligence
This is the strictest system and is rare. If you are even 1% at fault in an accident, you cannot recover any compensation.
How Fault Is Determined
A fault is determined by looking at evidence such as police reports, witness statements, and accident reconstructions. Insurance companies and courts use this information to assign a percentage of fault to each party involved.
Impact on Compensation
The amount of money you can receive depends on your percentage of fault. For instance, if you are awarded $10,000 in damages but are found 25% at fault, you would receive $7,500.
Comparative fault makes the process fair by holding each person responsible for their role in an accident. Knowing how it works helps you understand what to expect if you’re seeking compensation. If you’ve been in an accident, consulting a lawyer can help you navigate how comparative fault laws apply to your case
This post was written by a professional at Hysenlika Law Firm. Hysenlika Law Firm is a personal injury law firm near you. They are dedicated to helping victims of personal injury, car accidents, slip and falls, wrongful death, trucking accidents, motorcycle accidents, scooter accidents, and other injury-related cases throughout Florida. With 4 years of experience, the firm’s multilingual team—fluent in English, Spanish, Italian, and Albanian—offers the support you need to handle complex cases. As a personal injury lawyer near you, they also handle product defect and property injury cases. If you are looking for a truck accident lawyer nearby, Hysenlika Law Firm is ready to fight for justice and get you the compensation you deserve.
