Car Accident Defenses: Contributory and Comparative Negligence
Another factor that must be considered when evaluating the settlement value of a case is whether the plaintiff was partly at fault for the accident. Each state follows one of two main types of rules regarding the effects of the plaintiff’s own partial fault in an accident: contributory negligence or comparative negligence. In this blog post, we will discuss the differences between contributory negligence and comparative negligence.
Contributory Negligence: Under contributory negligence, if a plaintiff is even 1 percent or more at fault for their injury, they are not entitled to recover compensation for their injury. For example, if a pedestrian is negligently run over by a driver. But the pedestrian 10 glasses of wine before the accident and was walking in the middle of the roadway and a jury finds that, because of the wine, the pedestrian was even 1 percent at fault for his or her own injuries; the pedestrian would get nothing in a personal injury lawsuit. Hence, contributory negligence is an all or nothing approach. However, most if not all jurisdictions in the United States have determined that contributory negligence is not fair to plaintiffs. The contributory negligence rule was originally enacted in most states but now is no longer applied in most states. This is because at the turn of the 20th century, most states in the United States abandoned the rule in favor of a comparative negligence rule. Unfortunately, there are a few states that still cling to the rule of contributory negligence—despite its inherent unfairness and outdated reasoning.
Comparative Negligence: Although this rule is a little complicated and there are several variations in the states, the comparative negligence rule basically holds that the amount of money that the jury gives to a plaintiff will simply be reduced by their own percentage of fault. In other words, the jury is required to decide how much, if any, the defendant was at fault for the plaintiff’s injuries and what percentage, if any, the plaintiff was at fault for his or her own injuries. Then, the amount that the jury gives will be reduced by the judge in an amount equal to the percentage of the plaintiff’s own fault. In some states, the law provides that if a plaintiff is more than a certain percentage at fault for his or her own negligence, the plaintiff does not get anything. Each state follows one of three scenarios in that regard. First, some states are called “pure comparative fault” states. Florida falls into this category. In Florida, it does not matter whether the plaintiff is 1 percent at fault for his or her own injuries or 99 percent at fault, the defendant still must pay, but in an amount reduced by the plaintiff’s own level of fault. So, even if the plaintiff is 99 percent at fault for his or her own injuries—which the jury determines are $100,000—the plaintiff may still collect that 1 percent or $1,000 from the defendant. The rest of the comparative negligence states follow one of two other systems. In one system, the plaintiff may collect money from the defendant only if the plaintiff’s own level of fault is 49 percent or less. In other words, the defendant must be more at fault than the plaintiff by at least 1 percent.
Contact Our Car Accident Attorneys Today!
In just a few seconds, one wrong choice can permanently change one’s life while operating a vehicle. A distracted driver, a drunk driver, a reckless driver, or a driver who disobeys Florida traffic laws can cause serious harm to others. Florida is a “no-fault” state which doesn’t mean that the inquiry into who actually is responsible for the accident is abandoned. Determining fault is important in figuring out who is going to be responsible you’re your injuries. After being treated for any injuries, it is essential to make sure you get advice from an experienced Florida auto accident attorney to ensure that you follow all the necessary guidelines in submitting a car accident insurance claim. With the assistance of a prosperous auto accident law firm like Suarez & Montero, your odds of receiving the best possible settlement will increase because of our experience and dedication to our clients. Our Florida auto accident attorneys can file claims and fight for you against insurance companies. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
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Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
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