Should you unfortunately find yourself in a car accident, determining who is at fault can sometimes be straightforward, especially if one party is clearly to blame. However, in instances where fault isn’t as clear-cut, the concept of comparative negligence comes into play. Comparative negligence examines the degree of fault of each party involved in the accident. If you ever find yourself embroiled in an accident that involves comparative negligence, it’s crucial to hire an expert Tucson auto accident attorney. They can help navigate the complexities of the situation and work towards settling the case on terms that are most favorable for you. For a more in-depth understanding of this process, click here for more information.

What is comparative negligence?

In very simple terms, comparative negligence would mean that one person cannot be completely blamed for an accident, both parties have contributed accident, but the degrees to which they were at fault will vary.

Let’s have a look at the types of comparative negligence laws.

Pure contributory negligence

This law is a little harsh and might not allow the injured party to get any compensation for the damages even if they are found one percent guilty for the accident. There are only five states of the US that follow this rule.

Pure comparative fault

This type of law is the opposite of pure contributory negligence as it allows an injured person to claim for the damages even if they are 99 percent at fault. Say, for example, if a person was drunk while driving gets into an accident and survives an injury, they can claim compensation even if the other party was 1 percent at fault, however, the amount paid for the compensation will be minimal. About a third of the states follow this law.

Modified comparative fault

In this type of model, there are two types of distinct categories: The 50 percent and the 51 percent bar rule. Depending on the set limit, who is more at fault is not allowed to get any compensation recovery for the damages. There are some States which consider 50 and more percent to be the criteria and in some States, it is 51 and more. So let’s say for example, that if you are in a state where the set bar for this rule is 51 percent, you will not be able to claim for your injuries if you are 51 or above percent at fault. A majority of the states follow this law when it comes to comparative negligence.