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Comparative Negligence vs Contributory Negligence

The laws regarding comparative negligence and contributory negligence vary from state to state. Both relate to the distribution of fault following an accident and to the recovery of monetary damages.

The majority of states operate under a comparative negligence theory. This allows individuals to sue other motorists, regardless of whether their own negligence contributed to the accident. However, due to apportionment of fault (also called allocation of fault), they cannot recover the full damages. Damages are reduced by the percentage of fault for which the suing driver is responsible. It can be illustrated by using an example: a driver makes an illegal right-on-red and is hit by a car traveling 12 mph over the speed limit. If the turning driver tries to sue the speeding driver for $100,000 in damages, a jury will be required to determine the division of fault. Suppose that the jury finds that the turning driver was responsible for 40 percent of the accident, the speeding driver was responsible for 60 percent ,and agrees that the damages are worth $100,000. In this case, the turning driver would be able to recover $60,000. That is, the driver would only be able to recover the percentage for which the other driver was responsible (60 percent of $100,000). If, on the other hand, the jury had found that the turning driver was responsible for 60 percent and the negligence of the speeding driver was responsible for only 40 percent, the turning driver would only be able to recover $40,000. This example illustrates Pure Comparative Negligence. Some states have adopted Modified Comparative Negligence Laws, whereby an individual may sue only if his or her negligence is responsible for less than 50 percent of the resulting damages. 

Contributory negligence is less common. Under contributory negligence, an individual cannot sue another for injuries or damages if his or her negligent actions contributed in any way to the accident. Using the aforementioned examples, the driver who made an illegal right-on-red and was struck by a car traveling 12 mph over the speed limit cannot sue the speeding motorist for damages. Because the driver’s own negligence contributed to the accident, he or she is unable to recover any damages from the speeding motorist. This case would be a case of Pure Contributory Negligence. Other states have adopted a Modified Contributory Negligence system, under which individuals may file a suit against another civil offender (such as the speeding motorist), only if it is determined that their own negligence contributed to the accident less than 50 percent.   

Car Accidents - Car Accident Insurance Liability

Car Accidents Resource Center

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  • First Steps After an Auto Accident · A legal guide for consumers who have been involved in a Car Accident, guiding them through the often confusing process of dealing with insurance companies, the legal system, injury claims, etc.
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