If you find yourself hurt due to an accident that wasn’t your fault, you would expect that the other party would compensate you for some or all of your medical bills, missed wages, pain, and suffering. This seems straightforward and fair.
But what if you were partially to blame? How does that affect your right to compensation? If you had taken your eyes off the road just before the crash, or if you were hurrying to an appointment over a wet floor and slipped? How is fault then determined?
The determination of fault is different everywhere. There is a legal principle called ‘comparative negligence,’ and this could determine fault depending on where your accident happened.
Knowing how this can affect your claim will give you a realistic view of what compensation you might be entitled to.
Sharing Blame
Comparative negligence was introduced to even the playing field for personal injury cases. The old system (contributory negligence) used to be very strict, and if an injured party was even 1% to blame, there could be no claim for compensation. This updated system acknowledges that fault can be shared, and this system is just a way to divide that fault and
Here’s a simple example: Let’s say a jury finds your total damages (medical bills, lost wages, pain) are $100,000. They also decided you were 20% at fault for the accident.
- Your recovery would be reduced by your fault percentage: 20% of $100,000 = $20,000.
- You’d receive $80,000.
That’s the basic principle.
A Brief Look At Types Of Comparative Negligence
As with any system, there are exceptions to the rules, but for the most part, there are three types of systems that treat your partial fault in different ways:
Pure Comparative Negligence (The Most Forgiving)
- This system allows you to recover some compensation, even if you are found to be 99% at fault. Simplified, this means your amount of recovery is just reduced by your percentage of fault. ($100,000 damages, if you are 80% at fault, you can still recover 20% of the damages, or $20,000)
- This isn’t used in many states, but it is used in California, New York, and Florida.
Modified Comparative Negligence
The 50% Bar (A Common Standard)
- This system allows you to recover damages as long as you are less than 50% at fault. If it is determined you are 50% at fault, you can claim nothing. (49% fault, you recover 51% of $100,000 = $51,000. At 50% fault, you get $0.
- Many states use this system, including Wyoming, Colorado, and Maine.
The 51% Bar
- This system allows you to recover damages as long as you are less than 51% at fault. If it is determined you are 51% at fault, you can claim nothing. (50% fault, you recover 50% of $100,000 = $50,000. At 51% fault, you get $0.
- Where it’s used: States like Illinois, Texas, and Michigan.
If the insurance company makes its proposal, you can negotiate and produce more evidence that your fault is less than 49% (or 50% with the 51% Bar). If no agreement is made, the courts will make that decision in the end.
Contributory Negligence
- This is actually the old system. If you are even 1% at fault, you cannot recover any compensation.
- This system is still used in four states: Alabama, Maryland, Virginia, and North Carolina.
Why This Matters in Your Case
Whatever system is used in the state where you have your accident or sustain your injury is going to dictate what, or if, you can claim any compensation.
Settlement Negotiations: Insurance adjusters know these rules intimately.
In a “50% Bar” state like Wyoming, they will aggressively try to argue that you were 50% or more at fault to deny your claim entirely. Your ability to push back with strong evidence is everything.
Your Wyoming personal injury representation would concentrate on the task of collecting evidence (photos, witness statements, police reports, expert testimony) that would solidify the other party’s 51% at fault.
Conclusion
The shared fault system can be very strict, so it is worth your while to learn what system is used in your own state or any state you are visiting.
In situations where fault is everything, be sure to give yourself a fighting chance and document everything, don’t make comments that imply fault, and you will find yourself in a better position not to be unfairly barred from the compensation you may still deserve, even if you bear some responsibility.