Arkansas Jury Instruction - 2.2 With Comparative Negligence Defense
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Hear this out loud PauseFor example, if you are supposed to avoid lifting anything greater than 5 pounds while recovering from spine surgery and you fail to follow your doctor's orders and help your friends move houses and this contributes to the harm caused by a spinal fluid leak, you may be comparatively negligent and held partially ...
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Hear this out loud PauseThere are two types of comparative negligence that are used when assessing liability: Pure comparative negligence and partial comparative negligence. Pure comparative negligence allows the plaintiff to recover even if his negligence is greater than defendant's negligence.
Hear this out loud PauseNot wearing the seat belt does not cause the accident, but it contributes to the damage (the injury in this example). Another example is where an employee has failed to wear safety equipment. An accident occurs for other reasons, but the failure to wear safety equipment contributes to the injury, not the accident.
In Arkansas, the modified comparative fault rule applies when an accident victim is found to be 49 percent or less at fault for the crash. If the accident victim is at least 50 percent liable for the collision, he or she cannot pursue damages from other involved parties.
Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Hear this out loud PausePure comparative negligence example: Driver 1 and Driver 2 get into an accident in New York. Driver 1 has $1000 worth of damages and is found to be 47% at fault for the accident. Driver 2 has $700 in damages and is found to be 53% at fault for the accident.