Accidents are very common nowadays. In all accidents, there are certain injuries. Hence, it is necessary to establish who is to blame. But suppose that multiple individuals are at fault? That is where comparative negligence becomes relevant. It helps explain the outcomes of the accident and establishes the apportionment of responsibility between the two parties. This legal rule assists in determining the amount of contribution each party has to make. This is the perfect choice when more than one party is legally liable for the mishap. Tuite Law specialises in navigating such complex situations, ensuring that liability is fairly distributed and that all parties are held accountable.
What Is Comparative Negligence?
Comparative negligence is one of the approaches used to identify the amount of blame. This is used when distributing the blame for an accident. Suppose you and the other party were at fault or everybody involved in the accident. At such a time, comparative negligence rules will determine how much of the accident was your fault. You will get compensation based on your actions. The amount of money you will be paid regarding your injuries will, therefore, be reduced by your contribution towards the accident. For example, if you contribute 20%, you are covered 20% less.
What are the Types of Comparative Negligence?
There are two main categories of comparative negligence. They are popularly known as pure and modified.
Pure Comparative Negligence
Pure comparative negligence allows you to be entitled to some amount, even if you are to be blamed most. This is possible in the system that no matter how much you have caused the accident, you will get help. Imagine, for instance, being 90% responsible, and you are allowed to be compensated 10%. It ensures that anyone who is an accident victim is assisted. Accidents are never intentional. Hence, they are given help even if they made some wrong decisions.
Modified Comparative Negligence
The rule of modified comparative negligence operates in a somewhat similar way. In this system, if you make 50% or more contributions, you will not be paid a single compensation. For instance, if one is assessed as 51% negligent, they cannot be compensated. Some states use this rule, including Florida and Kentucky. Ensures that only those who are even less responsible can access the money.
How Comparative Negligence Works
Comparative negligence bases its principles on each individual’s share of blame. In the event that both drivers are involved in an accident, the court determines their fault and the level of their mistakes. Then, the compensation will be split in the proportionate ratio determined by those percentages.
It also happens that more than two individuals are involved in an accident. Sometimes, more than two people cause an accident. The court will look at how much each person is at fault. Then, they will divide up the responsibility. If you are partly to blame, your money will be less.
How It Affects Your Money
The money you get after an accident can greatly change because of comparative negligence. If you are mostly to blame, you might get less or no money. So, it’s important to know how it works in your state. You can do research online. You can also consult a skilled professional who knows all these better.
Conclusion
Comparative negligence helps decide who pays when more than one person is to blame. It can lower your money based on your blame. Whether your state has pure or modified comparative negligence, knowing how it works is good. Knowing these rules can help if you ever need to ask for money after an accident.