Modified comparative negligence is a legal doctrine used to determine fault and apportion damages in car accident cases where multiple parties may be at fault. In the United States, the application of this doctrine can vary from state to state, but in general, it is used to assign a percentage of fault to each party involved in an accident. Visit Delventhal Law Office, LLC, to get more details about its application in your case.
Modified comparative negligence
Under the modified comparative negligence rule, an injured person can still recover damages if they are found to be less than 50% at fault for the accident. However, their recovery will be reduced by the percentage of fault assigned to them.
For example, if an injured person is found to be 20% at fault for an accident, and their damages are assessed at $10,000, their recovery would be reduced by 20%, so they would only be able to recover $8,000 in damages.
Pure comparative negligence
The Concept of modified comparative negligence differs from pure comparative negligence, where even if a plaintiff is mostly at fault, they can still recover some damages from the other party.
Application of modified comparative negligence rule
To apply the modified comparative negligence rule, a court will typically consider the actions of each party involved in the accident and any applicable state laws. Factors that can be considered include whether the driver was following traffic laws, whether the driver was distracted or under the influence of drugs or alcohol, and whether the driver was properly maintaining their vehicle.
It’s worth noting that some states have adopted a “pure comparative negligence” rule, under which an injured person can recover damages even if they are mostly at fault for the accident. However, their compensation amount will be reduced by the percentage of fault assigned to them.
It is vital to remember that each state has its own specific laws and regulations for determining fault in car accident cases, so it is important to consult with an experienced attorney to understand the laws that apply in your state.
Collection of evidence for determination of fault
When determining fault, it is also important to gather evidence, such as police reports, witness statements, and photographs of the scene and the damage to the vehicles. An experienced attorney can help you navigate the process of gathering evidence and can assist you in determining who is liable for your accident.
In conclusion, modified comparative negligence is a legal doctrine used to determine fault and apportion damages in car accident cases in the United States. The doctrine assigns a percentage of fault to each party involved in an accident and can vary by state. It limits the recovery of damages when the injured person is