Contributory Negligence vs. Comparative Fault

Personal injury cases can be complicated, especially when it comes to determining liability. In some situations, it is clear that only one party was at fault for an accident. However, multiple parties may share responsibility for causing an incident in more complex scenarios.

There are multiple legal principles of how split liability applies to a personal injury case. Understanding these legal principles is important for anyone involved in a personal injury case, as it can significantly impact a financial settlement.

At The Barnes Firm, we understand how confusing and stressful liability issues can be for a client. If you or a loved one have been injured in an accident, our skilled personal injury attorneys can provide comprehensive legal representation every step of the way. Contact us today at (800) 800-0000 for a free consultation and learn more about how we can help you navigate your personal injury claim.

Liability Disputes in Personal Injury Cases

In a personal injury case, liability refers to the legal responsibility that a party holds for causing harm or injury to another individual. Liability can be established when there is evidence that the party failed to take reasonable care that ultimately led to the injury or harm of the victim.

Personal injury cases often involve disputes over liability, which can significantly impact the outcome of the case. There are two approaches to handling split liability: contributory negligence and comparative fault. Depending on the state guideline where the accident occurred, shared liability will either be deemed contributory negligence or comparative fault.

Liability disputes can be emotionally charged and can have serious financial consequences for those involved. As advocates for injured parties, our personal injury law firm investigates the accident and negotiates with the other party or parties to reach a fair distribution of liability.

What is Contributory Negligence?

Contributory negligence refers to a legal principle that holds individuals responsible for their own injuries in cases of shared liability. Used by some states, contributory negligence can be harsh on plaintiffs seeking compensation for their injuries. Under this doctrine, if the plaintiff is found to have contributed in any way to the accident, they are unable to recover any damages at all.

Even if the defendant holds a significant amount of fault, even 99% of the fault, the plaintiff is not able to make a claim for their injuries. This means that if an injured person is found to be even 1% at fault, they receive nothing. The strict application of this doctrine has been criticized for its harsh results and for the way it creates an unfair burden on the injured party.

What is Comparative Fault?

Comparative fault is a legal approach to split liability and works by assigning percentages of fault to each party involved in an accident. With a comparative fault, the plaintiff can still recover damages even if they contributed to the accident to some degree.

The amount of damages the plaintiff can recover is reduced by their own percentage of fault. So, if the plaintiff is found to be 30% at fault for the accident, their damages award would be reduced by 30%.

Most states have adopted a comparative fault system that allows plaintiffs to recover damages even if they were partially at fault for the injury.

Protecting Yourself From Shared Liability

Personal injury cases can be complex, especially when it comes to determining who is responsible for the accident. Regardless of whether contributory negligence or comparative fault applies in your state, there are ways to protect yourself from shared liability.

What you do following the incident can impact how other parties defend their case. By considering the following, you can help protect yourself from liability, minimize the fault assigned to you, and optimize your potential case settlement.

• Collect evidence from the accident scene when possible. Evidence such as accident photos, videos, witness statements, and the police report have a significant impact on liability negotiations.
• Being honest and consistent when reporting and describing the incident and how it happened. Changing your story can damage your credibility and affect your ability to recover damages.
• Do not admit fault or sign anything without consulting a personal injury lawyer.
• Cooperate with medical instructions and attend all appointments.
• Avoid posting anything related to the accident on social media, as insurance companies may use this against you.
• Seek legal counsel from a reputable and experienced personal injury law firm.

Contact Our Experienced Personal Injury Attorneys

Our personal injury lawyers work to ensure that liable parties are held accountable for the harm they have caused and that just compensation is obtained for the resulting damages.

If you’ve been injured due to someone else’s negligent actions, our experienced personal injury attorneys can provide you with the guidance and support you need during this challenging time.

Contact The Barnes Firm today for a free consultation with one of our skilled attorneys.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes