Accidents happen, and sometimes, multiple parties share the blame. If you've found yourself in a situation where you're partially at fault for an accident, you may be wondering if you can still receive compensation for your damages. The answer is that it depends. The legal principles of comparative negligence and contributory negligence play crucial roles in determining compensation claims when fault is shared.
Understanding Comparative Negligence
Comparative negligence is a legal doctrine that allocates fault between parties involved in an accident. This principle acknowledges that more than one party can be responsible for an accident and allocates damages based on each party’s degree of fault.
There are two main types of comparative negligence:
- Pure Comparative Negligence: In jurisdictions that follow this rule, you can recover damages even if you are 99% at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you are awarded $100,000 in damages and found to be 30% at fault, you will receive $70,000.
- Modified Comparative Negligence: This version sets a threshold of fault, usually 50% or 51%. If your percentage of fault exceeds this threshold, you cannot recover any damages. For instance, you would not receive compensation if you are 51% at fault in a 51% rule state.
The Role of Contributory Negligence
Contributory negligence is more stringent than comparative negligence. In states that adhere to this rule, if you are found to be even 1% at fault, you cannot recover any damages from the other party. This harsh standard can make recovery difficult for those partially at fault, though it is only applied in a few states.
Scenario Examples
Imagine you're driving and make a minor traffic violation, like rolling through a stop sign, when another driver who is speeding hits your car. In a comparative negligence state, the court might decide you're 20% at fault for not coming to a complete stop, while the other driver is 80% at fault for speeding. Your potential compensation would be reduced by your degree of fault.
Conversely, in a contributory negligence state, the same scenario could result in you receiving no compensation due to your partial responsibility for the accident.
Consulting with a Legal Professional
Given the complexities of these legal doctrines, it's crucial to consult with a legal professional if you're involved in an accident where the fault is shared. An experienced attorney can help determine the extent of your liability and navigate the nuances of state laws to maximize your potential compensation.
Denver Personal Injury Accidents Attorneys
If you or a loved one has been involved in an accident in Denver, CO, and are seeking to understand your rights and options for compensation, the experienced team at Denver Trial Lawyers® is here to help. Our knowledgeable attorneys can provide the guidance and representation you need to navigate the complexities of comparative negligence and ensure that you receive the compensation you deserve. Contact us today at (303) 647-9990 to schedule a consultation and learn more about how we can assist you with your personal injury case.
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