What Is Comparative Negligence?

Car accidents aren’t always black and white. Sometimes, both drivers share some of the blame. That’s where the legal concept of comparative negligence comes into play.

If you’ve been in an accident and worry that your own mistakes might reduce your compensation, understanding comparative negligence is key.

1. The Basics of Comparative Negligence

Comparative negligence is a system courts and insurers use to divide fault between drivers. Instead of just saying one person is “at fault,” they assign percentages of responsibility.

Example:

• Driver A runs a red light.

• Driver B was speeding.

• A court decides Driver A is 70% at fault, Driver B is 30%.

• Driver B’s compensation is reduced by 30%.

2. Pure Comparative Negligence

In “pure” comparative negligence states, you can recover damages no matter how high your percentage of fault is — even if you’re 99% at fault. Your compensation just gets reduced by that amount.

3. Modified Comparative Negligence

Most states use a “modified” system. That means:

• You can only recover damages if you are less than 50% or 51% at fault (depending on the state).

• If you’re above that threshold, you can’t collect compensation.

This rule is designed to prevent drivers who are mostly responsible from collecting.

4. Why Comparative Negligence Matters

The percentage of fault assigned to you directly impacts your settlement or judgment. Even a small difference in percentages can mean thousands of dollars lost or gained.

Insurance adjusters know this — and they may try to argue your percentage of fault higher to reduce payouts.

5. How to Protect Yourself

• Collect as much evidence as possible (photos, witness statements, medical reports).

• Don’t admit fault at the scene.

• Understand your state’s negligence rules.

• Seek legal advice if liability is disputed.

The Bottom Line

Comparative negligence determines how much compensation you can collect if you share fault in a car accident. Knowing the rules in your state can make a huge difference in the outcome of your case.

👉 If you’ve been injured in a car accident and think you may share fault, fill out our quick questionnaire. FindLawFast will connect you with the guidance you need.

Disclaimer: This article is for general informational purposes only and should not be taken as legal or financial advice. Negligence laws vary by state. Always consult a qualified professional about your specific situation.