What happens when both drivers in an accident are at fault, or did something negligent? Who will be responsible for the victim’s injuries? These kinds of questions force state legislators to make different rules and regulations for negligence to determine who should receive compensation and how much they receive. Many states in the U.S. have various comparative negligence laws that decide how much compensation the victim receives from the defendant. Civil court also decides whether the plaintiff gets 100% recovery or not. Some states follow comparative negligence laws and some states follow modified comparative negligence laws, where the civil court decides whether the defendant’s fault outweighs the victim’s fault. It is important to know the negligence laws in your state.
Pure comparative negligence is a type of law that permits the plaintiff to get compensation solely, according to the percentage of defendant’s fault. For instance, if a collision was 80 percent the plaintiff’s fault and 20 percent the defendant’s fault, then the plaintiff will recover compensation for 20% of his/her total damages. California and Arizona follow this comparative negligence system.
Modified Comparative Negligence
Some states follow modified comparative laws on negligence where a plaintiff can receive compensation only if the defendant’s fault is equal to, or greater than the plaintiff’s fault. Different states apply different rations of fault or thresholds for a victim to receive compensation.
The Nevada, USA modified comparative negligence, 51 percent bar rule states: the plaintiff is entitled to compensation only if the plaintiff’s fault is 50 percent or less.