Vehicular accidents have become a usual feature of urban life. The problem begins when none involved accepts the negligence on his or her part. However, judiciary offers a mechanism, Comparative Negligence laws through which determining the negligence on the part of the either involved becomes easy.
Understanding the Concept
Comparative negligence is the concept that effectively decides the fault of the directly involved parties in an accident based on their public conduct.
When both parties are somewhat responsible, Comparative Negligence, compares and allocates fault between both involved and asks each one to pay the share for the damages to the other party.
Aspects to be considered:
– The defender abides by law to take enough precautions and care.
– The defender was reckless in his conduct and behaved irresponsibly.
– The defender’s conduct was the principal reason for injury.
– The defender was aware of his conduct that may cause injury.
– The claimant suffered real injuries and he or she was not responsible.
Comparative Negligence Example:
For example, let’s imagine that Jeff is speeding on Brooklyn Street and collides with Lilly coming from Beech Street.
Since Jeff was speeding, he appears to be liable but Jury sees that Lilly did not slow, neither gave a signal.
Hence, the Jury will reduce Jeff responsibility towards Lilly’s injuries by 40% and would ask Lilly to pay 40% towards Jeff’s damages, while Jeff would pay only 60% of Lilly’s damages.
Also read about contributory negligence law
The Comparative Negligence Resolution
While the old approach used to prohibit injured for damage recovery, the new approach is much more reasonable and allows both the parties equal right to claim and and defend injury damages.
The comparative negligence has two understandings.
In Pure Comparative Negligence, the recovery of damage either denied completely or reduced based on responsibility of the injured.
In a Modified Comparative Negligence, the injured must not be responsible above and beyond 50% for the cause of injury to claim the damages.
In case if you have faced such a claim against you, get your injury claim reviewed immediately at almost no cost.