Comparative negligence is a legal concept that applies in some states. It does not apply at all in Virginia or Maryland. It has some applications in Washington, DC to pedestrian and bicycle crashes.
What Comparative Negligence Means in Auto Accident Claims
In those states where comparative negligence applies, what it means is that the plaintiff’s claim is not necessarily barred if the plaintiff bears some fault for the injury. Within a contributory negligence state, if there is any substantial negligence on the part of the plaintiff, then the plaintiff’s claim is barred.
In a comparative negligence state, what the court will do is literally compare the negligence. In most of those states, if the plaintiff’s negligence is not more than 50%, then the plaintiff can recover. The amount of the plaintiff’s recovery is based on the percentage of negligence.
For example if the jury concludes that the plaintiff is 49% negligent and that the defendant is 51% negligent, then the jury fixes what the plaintiff’s damage award would be assuming no negligence of the plaintiff. That award is then reduced by 49%. The plaintiff can then recover 51% of that award.
Why Comparative Negligence Matters in Auto Accident Cases
The logic of comparative negligence is that a plaintiff’s claim should not be totally barred just because there is some negligence on the part of that plaintiff. The common law rule that applies in Virginia is a very harsh rule. Virginia, Maryland and DC are three of the four states that still recognize contributory negligence. Most states have adopted a comparative negligence rule in regards to tort claims.
Comparative negligence makes sense. Why should the defendant get off scot-free simply because there is some fault on the part of the person bringing the claim.
A system of comparing negligence and thereby compensating the plaintiff based upon their pro rata lack of negligence makes sense.
It should be the law in all 50 states. It is not. As you probably know, we live in the United States of America but really we live in 50 different foreign countries. Each state has different laws. Those laws may be dramatically different. The law in one state may be the exact opposite of the law in another state.
Historical Background of Negligence Laws
The origin of that system goes back to the colonial days when the states feared the establishment of a federal government. Each state wanted to maintain a high degree of independence. Each state wanted to be able to distinguish itself from the federal government and also distinguish itself from other states.
That may have made sense 250 years ago. Today it makes little sense.
Navigating Negligence Laws in Virginia, Maryland, and DC
Call, or contact us for a free consultation. Also for more info on comparative negligence see the Wikipedia pages. Also see the post on our site dealing with contributory negligence issues.
