Comparative Negligence

What Does Comparative Negligence Mean?

Comparative negligence is a legal term used to assign blame and determine damages in a vehicular accident involving two or more parties at fault. A percentage is assigned to indicate the extent of each party’s culpability.

Insuranceopedia Explains Comparative Negligence

A defendant can invoke comparative negligence against a plaintiff in a lawsuit involving an auto accident. This not only reduces their level of culpability but may also decrease the amount they have to pay in damages to the other party. The insurance company, through its legal representative, can also utilize this principle to reduce its liability.

If the court determines that a party is primarily responsible for the accident, they will be assigned a higher percentage of fault. For instance, the court may attribute 80% of the responsibility for the accident to Party A and only 20% to Party B. In this scenario, if the total damages amount to $10,000, Party A would be responsible for paying $8,000, while Party B would be liable for the remaining $2,000.