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Comparative negligence is a legal principle that determines how fault is shared in an accident. When multiple parties are involved in a car accident, each person’s level of responsibility is assessed. This affects how much compensation they can recover for their damages.

If you are partially at fault for an accident, comparative negligence laws dictate that your settlement amount may be reduced based on your percentage of fault. This means that your compensation will be adjusted according to the degree of responsibility you hold for causing the accident.

How Does Comparative Negligence Work?

Comparative negligence works by assigning a percentage of fault to each party involved in an accident. The amount of compensation you can receive is then reduced by your percentage of fault. There are two main types of comparative negligence laws:

• Pure Comparative Negligence: You can recover damages even if you are 99% at fault, but your settlement is reduced by your percentage of fault.

• Modified Comparative Negligence: You can only recover damages if your fault is below a certain threshold, typically 50% or 51%, depending on the state.

Comparative negligence allows courts to assign a percentage of fault to each party involved, impacting how much compensation you can recover after an accident.

How Does Comparative Negligence Affect Car Accident Settlement?

Comparative negligence can significantly impact the amount of money you receive in a car accident settlement. Here’s how it works in practice:

1. Reduces Your Compensation

The most direct effect of comparative negligence is a reduced settlement amount. For example, if you’re awarded $50,000 in damages but found 30% at fault, your settlement would be $35,000 ($50,000 minus 30%). 

This reduction significantly impacts the amount of money you receive, making it important to understand and accurately assess fault in your case to maximize your compensation.

2. Complicates the Claims Process

Determining fault in a car accident isn’t always straightforward. Insurance companies and courts will carefully examine evidence like police reports, witness statements, and traffic laws to assign percentages of fault. This process can be time-consuming and complex. 

It may require the expertise of a car accident lawyer in New Jersey, such as the experienced attorneys at rosengardlawgroup.com, to ensure your rights are protected and your case is presented effectively. A lawyer can assist in proving that your level of fault is lower than claimed by the insurance company.

3. Impacts Negotiations

Insurance companies often use comparative negligence as a bargaining chip to lower your settlement. They may argue that you’re more at fault than you are to reduce their payout. This tactic can complicate negotiations and potentially reduce the compensation you receive. 

Having a skilled attorney on your side can help you counter these tactics and fight for a fair settlement, ensuring that your interests are represented and your compensation is maximized.

What are the Common Scenarios Where Comparative Negligence Applies

Comparative negligence often comes into play in the following situations. Rear-end collisions occur when the front driver suddenly brakes and the rear driver follows too closely, leading to a shared fault. Intersection accidents happen when both drivers claim they had the right of way, resulting in a split fault. 

Lane-change accidents involve a driver failing to check blind spots while merging, but the other driver was speeding, making both responsible. Pedestrian accidents occur when a pedestrian crosses outside a crosswalk but the driver is distracted, leading to shared fault.

What Should You Do If You’re Partially at Fault?

The alarming reality of motor vehicle crashes underscores the importance of being prepared. In the first nine months of 2024, an estimated 29,135 people lost their lives in motor vehicle crashes across the United States, marking a 4.4% decrease compared to the same period in 2023. If you believe you’re partially at fault for an accident, take proactive steps to protect your rights. 

Gather evidence via photos, witness statements, and video footage. Obtain a police report and avoid admitting fault or apologizing to safeguard your interests.

Conclusion

Comparative negligence can significantly impact your car accident settlement, reducing your compensation and increasing the complexity of your case. If you’re involved in a car accident, it’s essential to seek medical attention, gather evidence, and consult a car accident lawyer who understands comparative negligence laws. 

By doing so, you can ensure you receive fair compensation for your losses and protect your rights.