Working in a Bellevue personal injury law firm as a Kirkland Car Crash Attorney I know first-hand how complicated auto accident cases can be. It is not always clear who the at-fault party is or the reason behind the victim’s injuries. While there could be a primary at-fault party that caused the accident, the accident could also be partially the fault of the victim if the victim was distracted, negligent or unsafe leading to more severe injuries.

If both parties share responsibility for the auto accident or injuries sustained in it, comparative negligence or comparative fault may apply.

 What is Comparative Negligence?

Comparative negligence limits the amount of damages an accident victim can recover due to their own contribution to their injuries or damages.

Example:

If you have the right of way and are struck by another vehicle running a red light- the other vehicle is clearly at fault. If you, however, suffer severe injuries because you failed to wear a seatbelt you would be held partially responsible for your injuries.

These cases are decided differently depending on state, but in the majority of states, the level of responsibility is determined by a percentage which corresponds with the level of compensation. There are four systems in the United States for determining the level of compensation: pure contributory negligence, pure comparative negligence, modified comparative negligence 50% bar rule, and modified comparative negligence 51% bar rule.

Pure Contributory Negligence:

States Applicable: Alabama, District of Columbia, Maryland, North Carolina, Virginia

A pure contributory negligence system maintains that if the victims contributed in any way to their own harm the at-fault party cannot be held accountable.

Example:

Susan crashes her car into John, but John is found 5% responsible for the damages

In a pure contributory negligence system John will receive no compensation since he was found to be 5% responsible for the damages.

This system was based off laws in England and only continues to be used in 5 U.S. states: Alabama, District of Columbia, Maryland, North Carolina, Virginia

Comparative Negligence

In a comparative negligence system, the injured party can recover a portion of the damages from the accident even if they are found partially responsible. There are three different varieties of comparative negligence: pure comparative negligence modified comparative negligence 50% bar rule, and modified comparative negligence 51% bar rule.

Pure Comparative Negligence

States Applicable: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, Washington State

Pure comparative negligence systems rely on a judge or jury to determine the level of responsibility the victim had in the accident based on a percentage and then will allow compensation based on that percentage.

Example:

In Susan and John’s auto accident John was found to be 99% responsible for his injuries. The total in damages was $10,000. In a pure comparative negligence system Susan will only have to pay for 1% of John’s damages- $100.00

Washington State, along with 12 other states use the pure comparative negligence system including: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island and South Dakota.

Modified Comparative Negligence-50% bar rule

States Applicable: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, West Virginia

In this system, the injured person can only be compensated if they are deemed less than 50% responsible for the damages. If they are found to be responsible for 50% or more of the damages they receive no compensation.

Modified Comparative Negligence- 51% bar rule

States Applicable: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, Wyoming

In a comparative negligence system with a 51% bar rule, if the accident victim is found to be less than 51% responsible for the damages they can be compensated. So if the victim contributes to 50% of the damages they will be compensated for 50% of the cost associated with these damages. If, however, the victim is found responsible for 51% of the damages, they will receive nothing.

 Understanding auto accident laws can be challenging. If you have suffered injury in a car accident contact an experienced Seattle personal injury attorney immediately to review your case. If you are in the Seattle area contact our Bellevue personal injury law firm.