Understanding the different types of negligence – Contributory, Comparative, and No-Fault

Different states have adopted different negligence laws when it comes to how much each party is at fault in an auto accident. Negligence laws can be contributory, comparative, or no-fault.

A. Pure Contributory negligence means that a damaged party cannot recover any damages if he is even only one percent at fault. For example, if Dave and Jane were in an accident where Jane was injured, and Jane was only 5% at fault, she would recover nothing.

States: Alabama, District of Columbia, Maryland, North Carolina, and Virginia.

B: Pure Comparative Fault - if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example,Dave was injured in a car accident that he was 80% at fault for and damages for his injury amounted to $10,000. Dave will be entitled to recover $2,000 for his injuries, which is $10,000 less 80%, or $8,000 for his percentage of fault.

States: Alaska, Arizona, California, Louisiana, Mississippi, Missouri, New Mexico, Rhode Island, South Dakota and Washington.

C. Modified Comparative –2 types

1. Fault at 51% - if you are more than 51% at fault for the accident. For example, Dave hit Jane’s car while driving in excess of 25 miles per hour over the speed limit while Jane was attempting to cross the road. Even though Jane was partially at fault for not waiting until the road was completely clear before crossing, the insurance company faults John at 60% due to his excessive speed. Even though John suffered a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident.

States: Connecticut, Delaware, Illinois, Indiana, Iowa, Montana, Nevada, New Hampshire, Ohio, Oregon, South Carolina, Texas, Vermont, Wisconsin and Wyoming.

2. Fault at 50% - if an injured person is less than 50% at fault for the accident, he is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Dave and Jane accidentally hit each other’s cars while backing out of their parking spaces at exactly the same time. Both were not looking carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident.

States: Arkansas, Colorado, Georgia, Idaho, Maine, Nebraska, Oklahoma, Tennessee, and West Virginia.

D. No-Fault Laws - Under no-fault auto insurance laws, the car accident victim does not have to prove that the crash was somebody else’s fault before getting his money. His insurance picks up all the bills. In this scenario, the victim cannot sue the other driver.

No Fault States: Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota, Utah

*Percentage of fault is determinedby the insurance company claims adjuster. He/she will assign the relative degrees of fault based on the circumstances surrounding the accident. If you are unsatisfied with your allocated degrees of fault, an experienced personal injury attorney can assess the situation and advocate the lowest percentage of faultfor you.

Texas

Understanding the different types of negligence – Contributory, Comparative, and No-Fault

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