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Different types of comparative negligence
Comparative negligence is a legal provision that checks the amount of compensation to be awarded to a victim depending on whether or not they played a part in causing their own injuries and damages. An example will make this clearer to you. For instance, an individual driving through a green light sustains injuries because of being hit by a vehicle that ran a red light. Here, the accident was in no way the victim’s fault, but if he/she was not wearing a seat belt at the time of the accident, then they were partially responsible for causing their own injuries. Therefore, as they themselves contributed to their injuries, they are held comparatively negligent for the injuries suffered.
Different types of comparative negligence
Comparative negligence is a system through which the judge assigns different percentage of blames to all the parties involved. Depending on the percentage of blame assigned, the victim can sue the defendant for his share of the blame. Comparative negligence is of different types and the one applicable depends on the method followed in your jurisdiction. Here are the different types of comparative negligence.
Pure comparative negligence
Adopted in 13 states, this is the most basic form of comparative negligence. Using this system, victims have the ability to file damages in accordance with the defendant’s percentage of responsibility, which means that you can file for damages even if you were 99 percent responsible for the accident and the resulting injuries. Using pure comparative negligence, you can still claim damages for the remaining 1 percent of the damages.
Modified comparative negligence (50 percent rule)
Also known as the 50 percent rule, this law is currently adopted in 12 states. Under this legal system, a victim can file for damages only if the percentage of fault on his/her part is less than 50 percent.
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Comparative negligence and damages
Modified comparative negligence (51 percent rule)
Similar to the 50 percent rule, the 51 percent rule allows a victim to recover damages if he or she was less than 51 percent responsible for the accident and resulting injuries. Currently, this law is adopted by 21 states.
That was some information regarding comparative negligence and the different types of comparative negligence. You can also get more information on this legal principle from the different legal resources available online. Avail the services of a reputed and experienced attorney to help you fight the case.
