ABA Family Legal Guide

Automobiles

Accidents and Insurance

Accidents

What is comparative negligence?

Adhered to in the vast majority of states, comparative negligence divides the damages among the drivers involved in an accident based on their degree of fault. In "pure" comparative negligence states, you can receive payment for your injuries regardless of how much of the blame you carry for the accident, as long as the other driver is at fault to some degree. In "modified" comparative fault states, you may recover payment only if your own fault is below a certain threshold, such as 50 percent. See chapter 14, "Personal Injury," for more information about comparative negligence.