A Forbes Advisor report has put Houston in the eighth spot among the cities with the most car accidents. Appearing in the top 10 in such a statistic is a cause for concern. Houston accident victims must know about their rights and file a personal injury claim to recover damages.
When you are filing a personal injury claim, comparative negligence will affect your ability to collect compensation. Comparative negligence is a complex area of the law in personal injury claims. It determines how much fault each party has in an accident and how much the victim can recover. A Houston personal injury lawyer will provide the necessary guidance to tackle tricky concepts like comparative negligence.
In this blog post, we are going to explain comparative negligence and how it impacts personal injury claims.
What is Comparative Negligence?
Comparative negligence is a legal concept that applies to personal injury cases in which both the injured person (plaintiff) and the negligent party who caused the injury (defendant) share some degree of fault for the accident. Comparative negligence reduces the amount of compensation that the victim can recover based on their percentage of fault.
Each party’s actions are reviewed, and a percentage of blame is assigned. The overall payout takes a hit, depending on comparative negligence.
Assume that you were hit by a car while crossing the street. The driver of the car was speeding and ran a red light, but you were also distracted by your phone and did not look both ways before crossing. If the jury finds that the driver was 70% at fault and you were 30% at fault, your damages will be reduced by 30%. So, if your total damages were $100,000, you would only receive $70,000.
Types of Comparative Negligence
Not every state follows the same rules when it comes to comparative negligence. There are different types of comparative negligence systems in the U.S.
Pure Comparative Negligence
Pure comparative negligence is the most lenient system for the victim. It helps the victim recover damages regardless of their level of involvement in an accident. For example, if the victim is 90% at fault and the other party is 10% at fault, the victim can still recover 10% as damages.
States such as California, Florida, New York, and Louisiana follow this pure comparative
negligence doctrine.
Modified Comparative Negligence
Modified comparative negligence is the most common system in the U.S. It limits the victim’s recovery if they are equally or more at fault than the defendant. Here are the types of modified comparative negligence:
- 50% rule: The victim can only recover compensation if they are less than 50% at fault. If the victim’s involvement is more than 50%, they are barred from recovering any damages.
- 51% rule: The victim can only recover damages if their level of involvement is less than 51%. If it’s more than 51%, they cannot recover anything.
How Does Comparative Negligence Affect Personal Injury Cases?
Comparative negligence impacts a personal injury case in the following ways.
Reduction of Liability
Comparative negligence can help decrease the liability of the defendant by showing that the plaintiff also contributed to the accident.
For example, if the other party was speeding and hit the victim, but the victim was also texting while driving, the other party could argue that the plaintiff was partially at fault and that they should take some responsibility. This can reduce the amount of compensation that the other party has to pay to the victim.
Complicates the Calculations
Comparative negligence can also make the calculation of damages more complicated, as the court or jury has to determine the percentage of fault for each party involved. This can differ based on the type of comparative negligence system that is used.
Settlement Negotiations
Comparative negligence can also impact the settlement negotiations between the parties. Both sides have to consider the potential outcome of a trial and the impact of comparative negligence on compensation.
Comparative negligence can also create an incentive for both parties to cooperate and reach a mutually agreeable settlement, as going to trial can be expensive, uncertain, and time-consuming.
Final Thoughts
Keep in mind that comparative negligence can make a personal injury claim more challenging and complicated. So, it is important to get legal assistance from an experienced personal injury attorney.