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Understanding Comparative Negligence Comparative negligence is most commonly used to assign blame in auto accidents. If two drivers both break the same traffic laws in an accident, then both may be denied their claims. Many insurance carriers assign blame between drivers on a percentage basis, such as 70/30.
In the pure comparative negligence system, the plaintiff may recover damages minus his degree of fault. This means that if the plaintiff is awarded $100,000 in damages, but the is found at fault for 25% of his injury, the plaintiff could still receive 75% of the $100,000 award.
In a pure comparative negligence jurisdiction, each defendant is only liable for his or her percentage of fault. A plaintiff is still able to recover damages in a pure comparative negligence jurisdiction, even if he or she was at fault in contributing to the accident.
Here's what this means: In pure comparative fault states, a plaintiff can recover compensation even if the defendant had only a very small amount of responsibility for causing harm. For example, if a defendant was just 1% to blame for an accident, the plaintiff could receive compensation for 1% of their losses.
Joint and several liability is also available in jurisdictions that adopted a comparative negligence system. Defendants that had to pay damages to the plaintiff in the amount greater than the percentage he was found responsible for may obtain contribution for the pro rata shares of other defendants.